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HISTORY 

AND 



Civil Government of Louisiana 



John R. Ficklen, B.Let. 

M 
Professor of History and Political Science in Tulane University 



THE GOVERNMENT OF THE UNITED STATES 



B. A. HINSDALE, Ph.D., LL.D. 

Professor of the Science and the Art of Teaching in the University 

OF Michigan 




CHICAGO NEW YORK 

Werner School Book Company 



E LIBRARY OF 
CONGRESS, 
) Copies Received 

•R. 17 1901 

OPYRIGHT ENTll'^ 

SSO/ xXc 

COPY a 



M«: 



HE STATE GOVERNMENT SERIES 



UNDER THE GENERAL EDITORSHIP OF 



B. A. HINSDALE, Ph.D., LLD. 

Professor of the Science and the Art of Teaching in the University of Michigan; 
Author of "The American Government," "Studies in Education," etc. 



History and Civil Government of Louisiana 

By JOHN R. FiCKLEN, Professor of History and Political Science 
in Tulane University 

History and Civil Government of Pennsylvania 

By Dr. B. A. Hinsdale and Mary L. Hinsdale 

History and Civil Government of Maine 

By W. W. Stetson, State Superintendent of Public Schools 

History and Civil Government of Iowa 

By H. H. Seerley, A.M., President Iowa State Normal School, 
and L. W. Parish, A.M., Professor of Political Science, in the 
Iowa State Normal School 

History and Civil Government of Ohio 

By Dr. B. A. Hinsdale and Mary L. Hinsdale 

History and Civil Government of Minnesota 

By Sanford Niles, Ex-State Superintendent Public Instruction 

History and Civil Government of South Dakota 

By Geo. M. Smith, M.A., Professor of Greek and Pedagogy, 
University of South Dakota, and Clark M. Young, Ph.D., 
Professor of History and Political Science. University of South 
Dakota 

History and Civil Governmeat of WestVirgipia 

ByA'lRoU. A. Lewis, A.-Vl.,' Ex-jState Siiptrljitei^dent of Schools 
of WesC Virgi.nia . . . . • 

Historv^q(?Ci!"Jl. Government of Missouri.i... 

By, J. .'J.' BarVaR^ 'v'jifnjerly' Professor 'ih'.thi. State Normal 
Scffioorof JAiisduri' 



Price 



$1.00 
1.00 

1.00 
1.00 

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1.00 
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Copyright, 1901, by Wernbr SCHOOL Book COMPANY 



PREFACE 

This volume, it will be seen, embraces a sketch of the 
history of Louisiana, a detailed description of its pres- 
ent government, and a briefer but fairly comprehensive 
description of the Federal government. It is believed 
that in the public and the private schools of this State 
there is need of such a work. It is true that Civics is 
now taught in some of our high schools; but no work 
has been previously published with so full an account 
of the present composition and working of the town, 
city, parish, and central departments of the government 
of Louisiana. 

This portion of the book is based upon the recent 
constitution (1898) and upon the most important acts 
of the General Assembly that are now in force. It 
is hoped that this portion of the work will prove of 
special interest and value not only to youthful students, 
but also to many adult readers. 

Most of our manuals on Civics give much space to 
the description of the functions of the general gov- 
ernment; but when they come to the subject of State 
governments, which interests and touches the average 
citizen in nearly all the affairs of his daily life, they offer 
only such a general description as applies to all the 
States. From such books, therefore, the Louisianian 
or the Mississippian cannot derive the information that 
in the discharge of his duties as a citizen he so oftea 
needs. 

Historically and logically the study of the State gov- 

5 



D PREFACE 

ernment precedes that of the Federal government, and 
serves as an important aid to the understanding of it. 

A modern State constitution, however, is always a 
long, and often a rather dry document. As a result all 
teachers testify to the woeful ignorance that young stu- 
dents in high schools and colleges often exhibit of the 
provisions of their State constitution. The result of 
such ignorance is hazy notions of the rights and duties 
of citizenship. To the promotion, therefore, of a deeper 
and broader preparation for life this book is dedicated. 

John R. Ficklen. 



CONTENTS 

Page 

General Introduction 9-26 

Part I. — History. 
Introduction . 27 

Chapter 

I. The Spanish Explorers 27-32 

II. The French Explorers 33-37 

III. The Colonization of Louisiana .. 38-43 

IV. Bienville Governor, First Term, 

1701-1713 44-4S 

V. The Company of the West, 17 17. 49-53 

VI. The Company of the West, Con. 54-58 
VII. Louisiana once more a Royal 

Province 59-65 

VIII. Spain Takes Possession 66-71 

• IX. Spanish Rule Continued 72-77 

X. The Close of Spanish Rule 78-82^ 

XI. The Beginning of the American 

Period 83-8a 

XII. Immigration; Distribution of 

the Population 89-93 

XIII. Stirring Events, Statehood 94-98 

XIV. The War of 1812-15 99-109 

XV. A Period OF Development 110-115 

XVI. The New Code, Political Agi- 
tation II 6-1 2 1 

XVII. The Mexican War; Education; 

Yellow Fever 122-126 

XVIIL The Civil War, 1861-1865. 127-134 

XIX. Reconstruction 135-139 

XX. New Constitutions, Public Im- 
provements 1 40- 1 43 

XXI. The Present Condition of Louis- 
iana 144-148 

Part II. — Civil Government. 

XXII. Government 149-155 

XXIII. Constitutions 156-159 

XXIV. Local Government 166-163 

XXV. Education; Public Schools 164-171 

XXVI. Other Divisions of the State... 172-174 

XXVII. Cities, Towns, and Villages 175-178 

XXVIII. The City of New Orleans 179-188 

XXIX. The Bill of Rights 189-196 

7 



s 



CONTENTS 



XXX. The General Assembly 197-202 

XXXI. The Executive Department 203-210 

XXXII. The Judiciary Department 211-217 

XXXIII. Courts in other Parishes than 

Orleans 218-226 

XXXIV. Suffrage and Election 227-240 

XXXV. The Militia 241-243 

XXXVI. Impeachment and Removal 244-247 

XXXVII. Taxation 248-256 

XXXVIII. Assessments, Licenses, Home- 
steads 257-262 

XXXIX. General Provisions of the Con- 
stitution 263-266 

XL. State Institutions, Boards and 

Commissions ?.. 270-276 

XLI. Political Parties , 277-282 

Part III. — Government of the United States. 

XLII. The Making of the Government.. 283-291 
XLIII. Amendments Made to the Consti- 
tution 292-294 

XLIV. The Source and Nature of the 

Government 295-297 

XLV. The Composition of Congress and 

THE Election of its Members 298-310 
XLVI. Organization of Congress and 

ITS Method of Doing Business. 31 1-3 17 

XLVII. Impeachment of Civil Officers 318-321 

XLVIII. General Powers of Congress 322-334 

XLIX. Election of the President and 

THE Vice-President 335-340 

L. The President's Qualifications, 

Term and Removal 341-343 

LI. The President's Powers and 

Duties 344-35 2 

LIL The Executive Department 353-357 

LIII. The Judicial Department 35^-3^5 

LIV. New States and the Territorial 

System 366-371 

LV. Relations of the States and the 

Union 371-379 

Topics and Questions 380-389 



GENERAL INTRODUCTION. 



The character of the volumes that will comprise The 
State Government Series is indicated by the name of 
the series itself. More definitely, they will combine 
two important subjects of education, History and Govern- 
ment. It is proposed in this Introduction briefly to set 
forth the educational character and value of these sub- 
jects, and to offer some hints as to the way in which they 
should be studied and taught, particularly as limited by 
the character of the Series. 

1. The Educational Value of the Study of 
History and Government. 

Not much reflection is required to show that both of 
these subjects have large practical or guidance value, 
and that they also rank high as disciplinary studies. 

1. History. — When it is said that men need the expe- 
rience of past ages to widen the field of their personal 
observation, to correct their narrow views and mistaken 
opinions, to furnish them high ideals, and to give them 
inspiration or motive force; and that history is the main 
channel through which this valuable experience is trans- 
mitted to them — this should be sufficient to show that 
history is a very important subject of education. On 
this point the most competent men of both ancient and 
modern times have delivered the most convincing testi- 
mony. Cicero called history <*the witness of times, the 
light of truth, and the mistress of life. " Dionysius of 
Hahcarnassus said '* history is philosophy teaching by 

9 



IQ GENERAL INTRODUCTION. 

examples," and Lord Bolingbroke lent his sanction to 
the saying. Milton thought children should be taught 
''the beginning, the end, and the reasons of political 
societies." Another writer affirms that "history fur- 
nishes the best training in patriotism, and enlarges 
the sympathies and interests." Macaulay said: "The 
real use of traveling to distant countries, and of 
studying the annals of past times, is to preserve them 
from the contraction of mind which those can hardly 
escape whose whole commerce is with one generation 
and one neighborhood." 

In every great field of human activity the lessons of 
history are invaluable — in politics, religion, education, 
moral reform, war, scientific investigation, invention, 
and practical business affairs. The relations of history 
and politics are peculiarly close. There could be no 
science of politics without history, and practical politics 
could hardly be carried on. But, more than this, there 
can be no better safeguard than the lessons of history 
against the specious but dangerous ideas and schemes 
in relation to social subjects that float in the atmosphere 
of all progressive countries. In fact, there is no other 
safeguard that is so good as these lessons; they are ex- 
perience teaching by examples. The man who has 
studied the history of the Mississippi Scheme, the South 
Sea Bubble, or some of the less celebrated industrial or 
economical manias that have afflicted our own country, is 
little likely to embark in similar schemes himself, or to 
promote them. The man who has studied the evils that 
irredeemable paper money caused in France in the days 
of the Revolution, or the evils that the Continental 
money caused in our own country, will be more apt to 
form sound views on the subjects of currency and bank- 
ing than the man who has had no such training. The 



GENERAL INTRODUCTION. II 

school of history is a conservative school, and its lessons 
are our great defense against cranks, faddists, and dem- 
agogues. 

2. Government — Politics is both a science and an art. 
It is the science and the art of government. As a science 
it investigates the facts and principles of government; as 
an art it deals with the practical applications of these 
facts and principles to the government of the state. 

Now it is manifest that the art of politics, or practical 
government, directly concerns everybody. Few indeed 
are the subjects in which men, and particularly men 
living in great and progressive societies, are so deeply 
interested as in good government. The government of 
the state is charged with maintaining public order, se- 
curing justice between man and man, and the promotion 
of the great positive ends of society. For these pur- 
poses it collects and expends great revenues, which are 
ultimately paid from the proceeds of the labor of the 
people. Furthermore, in republican states, such as the 
American Union and the forty-five individual States 
that make up the Union, government is carried on by 
the people through their representatives chosen at 
popular elections. The voters of the United States 
are a great and rapidly growing body. In the presi- 
dential election of 1888, 11,388,007 citizens partici- 
pated; in the presidential election of 1896, 14,071,097 
— a growth of more than 2,680,000 in eight years. 
Moreover, these voters are felt in many other ways and 
places; they vote for National representatives, for State 
legislatures, executives, and judges, for county, township, 
and city offices, for the supervisors of the roads and the 
directors of the pu'filic schools. There is not a point in 
the whole round of National, State, and Local govern- 
ment that the popular will, as expressed at elections. 



12 GENERAL INTRODUCTION. 

does not touch. Every man is, therefore, directly con- 
cerned to understand the nature and operations of these 
governments, and almost equally concerned to have his 
neighbors also understand them. 

We have been dealing with practical politics exclu- 
sively. But the art of government depends upon the 
science of government. The government of a great 
country like our own, at least if a good one, is a com- 
plicated and delicate machine. Such a government is 
one of the greatest triumphs of the human mind. It is 
the result of a long process of political experience, and 
in its elements at least it runs far back into past history. 
It is, therefore, a most interesting study considered in 
itself. All this is peculiarly true of our own govern- 
ment, as will be explained hereafter. 

However, this complicated and delicate machine is 
not an end, but only a means or instrument; as a 
means or instrument it is ordained, as the Declaration 
of Independence says, to secure to those living under 
it their rights — such as life, liberty, and the pursuit of 
happiness; and the extent to which it secures these 
rights is at once the measure of its character, whether 
good or bad. 

It is also to be observed that a government which is 
good for one people is not of necessity good for another 
people. We Americans would not tolerate a govern- 
ment like that of Russia, while Russians could hardly 
carry on our government a single year. A good govern- 
ment must first recognize the general facts of human 
nature, then the special character, needs, habits, and 
traditions of the people for whom it exists. It roots in 
the national life and history. It grows out of the na- 
tional culture. Since government is based on the facts 
of human nature and human society, it is not a mere crea- 



GENERAL INTRODUCTION. ^ 1 3 

ture of accident, chance, or management. In other 
words, there is such a thing as the science of govern- 
ment or poHtics. Moreover, to effect and to maintain 
a good working adjustment between government and a 
progressive society, is at once an important and difficult 
matter. This is the work of the practical statesman. 
And thus we are brought back again to the fact that the 
science of government is one of the most useful of 
studies. 

Mention has been made of rights, and of the duty of 
government to maintain them. But rights always imply 
duties. For example: A may have a right to money 
that is now in B's posssession, but A cannot enjoy this 
right unless B performs the duty of paying the money 
over to him. If no duties are performed, no rights will 
be enjoyed. Again, the possession of rights imposes 
duties upon him who possesses them. For example: 
The individual owes duties to the society or the govern- 
ment that protects him in the enjoyment of his rights. 
Rights and duties cannot be separated. Either implies 
the other. Accordingly, the practical study of govern- 
ment should include, not only rights, but also duties as 
well. The future citizen should learn both lessons; for 
the man who is unwilling to do his duty has no moral 
claim upon others to do theirs. 

The foregoing remarks are particularly pertinent to a 
republican government, because under such a govern- 
ment the citizen's measure of rights, and so of duties, is 
the largest. Here we must observe the important dis- 
tinction between civil and political rights. The first 
relate to civil society, the second to civil government. 
Life, liberty of person, freedom of movement, owner- 
ship of property, use of the highways and public insti- 
tutions, are civil rights. The suffrage, the right to hold 



14 • GENERAL INTRODUCTION. 

office under the government, and general participation 
in public affairs are political rights. These two classes 
of rights do not necessarily exist together; civil rights 
are sometimes secured where men do not vote, while 
men sometimes vote where civil rights are not secured; 
moreover, both kinds of rights may be forfeited by the 
citizen through his own bad conduct. Evidently polit- 
ical rights are subordinate to civil rights. Men partic- 
ipate in govermental affairs as a means of securing the 
great ends for which civil society exists. But the great 
point is this — republican government can be carried on 
successfully only when the mass of the citizens make 
their power felt in political affairs; in other words, per- 
form their political duties. To vote in the interest of 
good government, is an important political duty that the 
citizen owes to the state. Still other political duties are 
to give the legally constituted authorities one's moral 
support, and to serve the body politic when called upon 
to do so. These duties grow out of the corresponding 
rights, and to teach them is an essential part of sound 
education. 

It has been remarked that good government rests 
upon the facts of human nature and society, that such 
a government is a complicated machine, and that it is 
an interesting subject of study. It is also to be observed 
that the successful operation of such a government calls 
for high intellectual and moral qualities, first 'on the 
part of statesmen and public men, and secondly on the 
part of the citizens themselves. There are examples of an 
ignorant and corrupt people enjoying measurable pros- 
perity under a wise and good monarch; but there is no 
example of a democratic or republican state long pros- 
pering unless there is a good standard of intelligence 
and virtue. This is one of the lessons that Washington 



GENERAL INTRODUCTION. 



15 



impressed in his Farewell Address: <'In proportion as 
the structure of a government gives force to public 
opinion, it is essential that public opinion shall be intel- 
ligent." 

Government deals with man in his general or social 
relations. Robinson Crusoe living on his island neither 
had, nor could have had, a government. Man is born for 
society; or, as Aristotle said, ''man has a social instinct 
implanted in him by nature." Again, man is political 
as well as social; or, as Aristotle says, ''man is more of 
a political animal than bees, or any other gregarious 
animal. " Hence the same writer's famous maxim, "Man 
is born to be a citizen." 

These last remarks bring before the mind, as a 
subject of study, man in his relations to his fellow 
men. The study of man in these relations has both 
practical and disciplinary value. At first man is 
thoroughly individual and egotistical. The human 
baby is as selfish as the cub of the bear or of the 
fox. There is no more exacting tyrant in the world. No 
matter at what cost, his wants must be supplied. Such 
is his primary nature. But this selfish creature is 
endowed with a higher, an ideal nature. At first he 
knows only rights, and these he greatly magnifies; but 
progressively he learns, what no mere animal can learn, 
to curb his appetites, desires, and feelings, and to regard 
the rights, interests, and feelings of others. To promote 
this process, as we have already explained, government 
exists. In other words, the human being is capable of 
learning his relations to the great social body of which 
he is a member. Mere individualism, mere egotism, is 
compelled to recognize the force and value of altruistic 
conviction and sentiment. And this lesson, save alone 
his relations to the Supreme Being, is the greatest lesson 



1 6 GENERAL INTRODUCTION. 

that man ever learns. The whole field of social rela- 
tions, which is covered in a general way by Sociology, 
is cultivated by several sciences, as ethics, political 
economy, and politics; but of these studies politics or 
government is the only one that can be introduced in 
didactic form into the common schools with much suc- 
cess. In these schools civil government should be so 
taught as to make it also a school of self-government. 

It may be said that so much history and politics as is 
found in these volumes, or so much as can be taught in 
the public schools, does not go far enough to give to 
these studies in large measure the advantages that have 
been enumerated. There would be much force in this 
objection, provided such studies were to stop with the 
elementary school. But fortunately this is not the case. 
The history and the politics that are taught in the 
elementary school prepare the way for the history and 
the politics that are taught in the college and the uni- 
versity. Furthermore, and this is in one aspect of the 
subject still more important, they also prepare the way 
for much fruitful private study and reading in the home. 

II. Methods of Study and Teaching. 

Under this head history will be considered only so far 
as it is involved in politics. Our first question is, 
Where shall the study of government begin ? The 
answer will be deferred until we have considered the 
general features of the government under which we live. 

The United States are a federal state, and the Ameri- 
can government is a dual government. Our present 
National Government dates from the year 1789. It was 
created by the Constitution, which, in that year, took 
the place of the Articles of Confederation. At that time 
the State governments were in full operation, and it was 



GENERAL INTRODUCTION. 



17 



not the intention of the framers of the Constitution, or 
of the people who ratified it, to supersede those govern- 
ments, or, within their proper sphere, to weaken them. 
Experience had conclusively shown that the country 
needed a stronger National Government, and this the 
people undertook to provide. So they undertook to 
accomplish in the Constitution the objects that are 
enumerated in the Preamble. 

''We, the people of the United States, in order to 
form a more perfect Union, establish justice, insure 
domestic tranquillity, provide for the common defense, 
promote the general welfare, and secure the blessings of 
liberty to ourselves and our posterity, do ordain and 
establish this Constitution for the United States of 
America." 

The Constitution also formally denied some powers to 
the United States and some to the States; that is, it for- 
bade the one or the other to exercise the powers so 
prohibited. (See Article I, sections 9, 10.) The under- 
standing was that the mass of powers not delegated to 
the Union exclusively, or forbidden to the States, 
continued to remain in the hands of the people 
in their State capacities. Moreover, this understand- 
ing was expressly asserted in Article X of the Amend- 
ments. 

Accordingly, the Government of the United States 
must be studied under two aspects, one National and 
one State. The case is quite different from what it would 
be in England or France, both of which countries have 
single or unitary governments. This duality makes the 
study more interesting, but more difficult, and suggests 
the question whether it should begin with the Nation or 
the State. The answer must be deferred until still other 
facts have been taken into account. 



J. 8 GENERAL INTRODUCTION. 

The powers that the State Governments exercise are 
exercised through a variety of channels. (1.) Some are 
exercised directly by State officers. For the most part 
these are powers that concern the State as a whole. 
(2.) Some are exercised by county officers within the 
county. (3.) Some are exercised by town or township 
officers within the town or county. (4.) Some are exer- 
cised by city or municipal officers within the city. (5.) 
A few fall to officers elected by divisions of townships, 
as road-masters and school directors. 

Items 2, 3, 4 and 5 of this enumeration constitute 
Local government, which the people of all the States, 
in some form, have retained in their own hand. Here 
we meet a political fact that distinguishes us from some 
other countries, the vigorous vitality of local institu- 
tions. France, for example, although a republic, has a 
centralized government; many powers are there exercised 
by national officers that here are exercised by local 
officers, while there the state often asserts direct control 
Dver the local authorities. Strong attachment to local 
self-government, and opposition to centralized govern- 
ment, is one of the boasted glories of the English-speak- 
ing race. Subject to the State constitution, the State 
Legislature is the great source of political power within 
the State. The county, the township, and the city owe 
their political existence and peculiar organization to the 
Legislature. 

Different States have organized local government in 
different ways. Speaking generally, there are three 
types — the Town type, the County type, and the Mixed 
type. The Town type is found exclusively in the New 
England States. It throws most of the powers of local 
government into the hands of the town, few into the 
hands of the county. The County type, which is found 



GENERAL INTRODUCTION. 



19 



in the Southern States and in a few others, reverses this 
method; it throws all local powers into the hands of the 
county, and makes the sub-divisions of the county merely 
an election precinct, the jurisdiction of the justice of the 
peace, and perhaps the unit of the militia company. 
The Mixed, or Compromise system, as its name implies, 
combines features of the other two. It makes more use 
of the county, and less of the town, than New England; 
more of the township, and less of the county, than the 
Siouth. It is found in the Central States and generally, 
but not universally, throughout the West. 

Now not much argument is needed to show that the 
study of government, even within the limits of the ele- 
mentary school, should embrace the two spheres in 
which the American Government moves, the sphere of 
the Nation and the sphere of the State. Neither is. 
much argument called for to show that the study of the 
State should embrace Local government, as well as 
State government proper. The argument on the whole 
subject divides into two main branches — the one practi- 
cal, the other pedagogical. 

Unfortunately, the time given to the study of govern- 
ment in the schools has not always been wisely distrib- 
uted. For many years the National Government 
received disproportionate attention, and such, though 
perhaps in less degree, is still the case. But, important 
as the powers of the Nation are, the common citizen, 
in time of peace, has few relations with it outside of 
the Post Office Department, while his relations with 
the State are numerous and constant. President Gar- 
field, in 18*71, said : ''It will not be denied that the 
State government touches the citizen and his interests 
twenty times where the National Government touches 
him once." 



20 GENERAL INTRODUCTION. 

Still another point may be urged. An American State 
is a distinct political community. It is a separate 
commonwealth having its own constitution, laws, and 
officers. It has its own history. The people boast its 
services to the country. They point to its great names. 
They glorify the associations that cluster about its name. 
They dwell upon its typical or ideal life. All this is 
educative in a striking sense; such an environment 
necessarily reacts upon the people. Who can measure 
the effect of the old Bay State ideal, or the Old Dominion 
ideal, upon the people of either State ? 

Once more, Local government has received too little 
attention as compared with State government proper. 
Township or county government is on such a diminutive 
scale that to many it seems a subject unworthy of serious 
study. But it is important to teach the youth of the 
county that their future prosperity and happiness, as a 
rule, will depend upon what is done by road-masters, 
school directors, township trustees or supervisors, county 
commissioners or county courts, city authorities, and the 
like, far more than upon what is done by the Governor 
or the President. The common citizen is tenfold more 
concerned in the proceedings in the courts held by 
justices of the peace and by county judges than in the 
causes that are decided by the Supreme Court of the 
United States. 

Government is fundamentally an information or guid- 
ance study. It is put in the schools to teach the pupil 
how to perform his political duties intelligently when 
he comes to the state of manhood. In order that he 
may perform these duties intelligently, he must under- 
stand the nature and the ends of government, whether 
National, State, or Local, and the mode of its opera- 
tion. 



GENERAL INTRODUCTION. 2r 

The fact is, however, that characteristic features of 
our government are ill understood by thousands of our 
citizens. The functions of the Executive and of the 
Judiciary are often confounded; likewise the functions of 
State authorities and National authorities. A multitude 
of citizens participate in every election of electors for 
President, who do not know how the President is 
elected. The line dividing the State sphere from the 
National sphere is a very hazy matter to many persons 
who consider themselves intelligent. Owing partly to 
this fact, and partly to the greater prominence of the 
Union, there is always a tendency in many quarters to 
hold the National authorities responsible for what the 
State authorities have or have not done. The adjust- 
ment of Local Government to the State and National 
Governments is another matter concerning which many 
are confused. Tax-payers can be found in every neigh- 
borhood who think the taxes that they pay to the town- 
ship or the county treasurer go to "Washington. 

What has been said will suffice for the practical 
branch of the argument. Taking up the pedagogical 
branch, let us first observe the nature and the origin of 
the child's early education in respect to government. 

It is in the family, in personal contact with its mem- 
bers, that the child forms the habits of obedience and 
deference to others. It is here that he learns, in a rudi- 
mentary and experimental way, that he is part of a 
social whole. Here he acquires the ideas to which we 
give the names obedience^ authority, government^ and the 
like. His father (if we may unify the family govern- 
ment) is his first ruler, and the father's word his first 
law. Legislative, executive, and judicial functions are 
centered in a single person. These early habits and 
ideas are the foundations of the child's whole future 
education in government, both practical and theoreticaL 



22 GENERAL INTRODUCTION. 

His future conception of the governor, president, king, 
or emperor is developed on the basis of the idea of his 
father; his conception of society, on the basis of the 
idea of his home; his conception of government by the 
State, on the basis of family government. Of course 
these early habits and ideas are expanded, strengthened, 
and adjusted to new centers. 

While still young, the child goes to school. This, on 
the governmental side, is but a repetition of the home. 
It is the doctrine of the law that the teacher takes the 
place of the parent: in loco parentis- The new jurisdic- 
tion may be narrower than the old one, but it is of the 
same kind. The education of the school reinforces the 
education of the home in respect to this all-important 
subject. The habits of obedience and deference are 
strengthened. The child's social world is enlarged. At 
first he thought, or rather felt, that he was alone in the 
world; then he learned that he must adjust himself to 
the family circle; now he discovers that he is a member 
of a still larger community, and that he must conduct 
himself accordingly. The ideas of authority, obedience, 
law, etc., are expanded and clarified. 

About the time that the child goes to school he begins 
to take lessons in civil government. This also is de- 
veloped on the basis of his previous home-training. It 
begins at the very door-step. The letter-carrier, the 
policeman, the justice of the peace, and the postmaster 
introduce him to the government of the outer world. 
Some or all of these officers he sees and knows, and 
others he hears about. The very mail wagon that 
rattles along the street teaches its lesson, and so do 
other symbols of authority that confront him. He 
attends an election and hears about the caucus. As he 
grows older, the town council, the court of the local 
magistrate, and the constable or sheriff teach him the 



GENERAL INTRODUCTION. 2"^ 

meaning of the three great branches of government. 
His ears as well as his eyes are open. Politics is the 
theme of much familiar conversation to which he listens. 
With all the rest, he reads the newspaper, and so en- 
larges his store of political information. 

Still other agencies contribute to the grand result. 
The church, public meetings, societies of various kinds, 
all teach the lessons of order and discipline. 

Such, in general, are the steps by which the child 
makes his way out of the world of isolation and selfish- 
ness into the world of social activity and light. Such is 
the character of his early education in morals and 
politics. Nor is it easy to overestimate these early les- 
sons. To suppose that the child's political education 
begins when he first reads the Constitution of the United 
States, is like supposing that his moral education begins 
when he is first able to follow the preacher's sermon. 

All this training is unconscious and mainly incidental, 
and the more effective for that very reason. But such 
training will not meet the ends of intelligent citizenship. 
Nor can the political education of citizens be left to the 
newspaper and the political speaker. Government must 
be formally taught in the schools. But what shall be 
the order of study ? Shall the child begin at Washing- 
ton, at the State capital, or at his own home ? In other 
words, shall he begin with the National Government, 
with the State government proper, or with Local gov- 
ernment ? 

For a time the student of governm.ent should continue 
to work on the material that lies right about him, just as 
the student of geography should find his first lessons at 
home. On this point the arguments already presented 
are decisive. The practical argument shows that this 
will be the most useful course to pursue. The peda- 
gogical argument shows that it is also the easiest, the 



24 GENERAL INTRODUCTION. 

most natural, and the most successful. In general then 
the method should be — first, the Local Government; 
second, the State Government, and last, the National 
Government. 

We have now reached a point where we can define 
more clearly and fully the special object of the series of 
books to which this is a general introduction. These 
books are designed for the first stage of the formal 
study of the subject of Goverijment. They are written 
on the theory announced; viz. : That the child's political 
education begins at home, and should for a time proceed 
from the home outward. The series is appropriately 
named The State Government Series. A volume will 
be given to a State. The successive volumes will first 
present an outline sketch of the civil history of the State, 
and then outline sketches of the State and National 
Governments as they now exist and operate. 

With two or three practical suggestions to teachers, 
this Introduction may fitly close. 

The first of these suggestions is that if the proper 
course be taken, the study of the National system will 
not be deferred until the pupil has made a complete 
survey of the State System. The State system can no 
more be understood alone than the National system alone. 
When the intelligent pupil, and particularly a boy, is old 
enough to take up one of the volumes of this series, he 
will already have made some progress in discriminating 
the two systems. He will know that Congress and the 
President belong to the Nation, the Legislature and the 
Governor to the State. But at the outset it may be ad- 
visable for the teacher to broaden and deepen this line 
of division. This can be done, if need be, in one or more 
oral lessons devoted especially to the subject. More- 
over, the teacher should keep an eye on this line from 
first to last. He should encourage the pupil to read the 



GENERAL INTRODUCTION. 



25 



Constitution of the United States, and in particular 
should direct his attention to the general powers of Con- 
gress as summed up in Article I, section 8, which are 
the driving wheels of the National Government. 

The second observation is that unremitting care must 
be taken to make the instruction real. The common- 
places about the abstractness and dryness of verbal in- 
struction, and particularly book instruction, will not be 
dwelt upon, except to say that they apply to our subject 
with peculiar force. The study of history, when it is 
made to consist of memorizing mere facts, is to the 
common pupil a dry and unprofitable study. Still more 
is civil government dry and unprofitable when taught in 
the same manner. There is little virtue in a mere 
political document or collation of political facts. The 
answer that the school boy made to the question, 
*' What is the Constitution of the United States?" is 
suggestive. He said it was the back part of the History 
that nobody read. Hence the book on government must 
be connected with real life, and to establish this connec- 
tion is the business of the teacher. On this point three 
or four hints may be thrown out. 

The teacher should not permit the Governor, for ex- 
ample, to be made a mere skeleton. He should see 
rather that he is made to the pupil a man of flesh and 
blood, holding a certain official position and exercising 
certain political powers. It is better to study the 
Governor than the Executive branch of the government; 
better to inquire, What does the Governor do? than, 
What are the powers of the Executive ? 

The teacher should stimulate the pupil to study the 
political facts about him. He should encourage him to 
observe the machinery of political parties, the holding 
of elections, council meetings, courts of local magis- 
trates, and the doings of the policeman, constable, and 



26 GENERAL INTRODUCTION. 

sheriff. This suggestion includes political meetings and 
conversations upon political subjects. By observation 
an undue personal attendance upon such proceedings is 
not meant. To that, of course, there might be several 
objections. 

Pupils in schools should be encouraged to read the 
newspapers, for political among other reasons. The 
publications prepared particularly for school use to 
which the general name of *' Current Events" may be 
given, are deserving of recommendation. 

Still another thought is that the study be not made 
too minute. It should bear rather upon the larger 
features of the special topics. This remark is particu- 
larly applicable to the judiciary, which nearly all persons 
of ordinary education find more or less confusing. 

The suggestions relative to observation of political 
facts are peculiarly important in a country like our own. 
To understand free government, you must be in touch 
with real political life. 

In teaching Civil Government, the first point is to de- 
velop Civic Spirit — the spirit that will insist upon rights 
and perform duties. 

The last word is a word of caution. The method that 
has been suggested can easily be made too successful. 
Our American atmosphere is charged with political 
interest and spirit; and, while the pupil who takes a 
lively interest in current politics, as a rule, will do better 
school work than the pupil who does not, the teacher 
must exercise care that partisan spirit be not awakened, 
and that occupation in current events do not mount up 
to a point where it will interfere with the regular work 
of the school. B. A. Hinsdale. 



PART I 
THE HISTORY OF LOUISIANA 

INTRODUCTION. 

The region to which the name of Louisiana was originally applied, 
extended from the borders of Canada to the blue waters of the Gulf 
of Mexico, and from the Alleghany range on the east to the Rocky 
Mountains on the west. This vast territory, comprising about one 
and one-quarter millions of square miles, is watered by the Mississippi 
and its numerous tributaries. With its rich soil, its salubrious climate, 
and its superb forests, Louisiana naturally became an object of desire 
to the three great colonizing nations of Europe— Spain, France, and 
England, Spain was the first to explore it, France was the first to 
colonize it, while England, in 1763, obtained by treaty nearly all 
that portion of it lying east of the Mississippi; but the manifest 
destiny of the whole region seemed to be that it should pass into 
the possession of the United States of America. 

It is our purpose to trace in brief outline the history of Louisiana 
from the earliest times down to the present day. To do this we must 
transport the reader back to the sixteenth century, when the pioneers 
of European colonization, their imaginations fired with dreams of 
new worlds to conquer and vast wealth to acquire, were hazarding 
their lives in exploring the strange lands of this continent. 



CHAPTER I 



THE SPANISH EXPLORERS 



I . Ponce de Leon and Narvaez. — As early as the 
year 15 13, just twenty-one years after the discovery 
of America, a Spaniard named Ponce de Leon, while 
.seeking that wonderful fountain the waters of which 

27 



28 HISTORY OF LOUISIANA 

were fabled to renew the youth of the old and 
decrepit, discovered and named the peninsula of 
Florida. This expedition opened the way for others, 
and in 1528 Pamphilo de Narvaez led an exploring^^ 
party into the interior of Northwestern Florida. 
Instead of making friends of the Indians whom he 
met, Narvaez tried to subdue them. They proved 
themselves, however, such dangerous enemies that 
the Spaniards were glad to retire to the sea coast. 
Here, having missed the vessels that brought them, 
they built some rude boats and set sail, probably from 
what is now Choctawhatchee Bay. After coasting for 
many days, they crossed the mouth of a mighty river, 
which could have been no other than the Mississippi 
itself. The discoverers drank of the fresh water, but 
their frail crafts were scattered by the strong current, 
and the vessel in which Narvaez had embarked was 
never heard of again. 

Three of the boats, however, were cast upon the 
coast of what is now Texas. Here the survivors were 
detained among the Indians for six years. Finally 
Cabeza de Vaca, the treasurer of the expedition, suc- 
ceeded in escaping, and, having joined several of his 
companions, led them, after many extraordinary adven- 
tures, to a Spanish town in Mexico. There they told 
the tale of the perils they had survived. They were 
doubtless the first Europeans to behold the Missis- 
sippi.* 

*The famous discovery of the Mississippi by Pineda in 1519 seems 
to have proved a myth, and the followers of Narvaez deserve that 
honor. See Dr. Scaife's Monograph in J. H. U. Studies: Extra 
Vol. XIII. 



THE SPANISH EXPLORERS 



29 



2. Coronado's Expedition. — Along with the story 
of their adventures, De Vaca and his companions 
related that the Indians had told them of immense 
herds of wild cows (buffalo or bison), which ranged 
over the plains of the north; and of the " seven cities 
of Cibola," where there was abundance of gold and 
silver, and where the doorways of the houses were orna- 
mented with precious stones. Aroused by these tales, 
Mendoza, the Viceroy of Mexico, sent out an army under 
Francisco Vasquez Coronado to subdue this wealthy 
country. For two years (1540- 1542) Coronado wan- 
dered about in search of treasures, but found none. 
He penetrated, it is believed, to the boundary of the 
present State of Nebraska. He saw the herds of 
buffaloes, and conquered many of the Indian villages 
called pueblos, but he was compelled to return home 
with no other fruits of his long marches. 

3. The Expedition of De 
Soto. — The story of De 
Vaca's adventures stirred the 
spirit of another explorer, 
who, a few years later, was 
to penetrate far into the in- 
terior of the continent and 
to become the second dis- 
coverer of the great river. 
This was Hernando De Soto. 

De Soto's ambition was to 
make himself master of the 
country which Narvaez had failed to conquer. 
Accordingly, in 1539, he sailed from Cuba and 
landed in what is now Tampa Bay. He had with 




HERNANDO DE SOTO. 



30 HISTORY OF LOUISIANA 

him more than six hundred men, well armed and 
provided with a number of cannon to frighten and 
subdue the natives. These, as a result of the haughty, 
overbearing conduct of the Spaniards, soon proved 
themselves either treacherous friends or open enemies. 
It was not long before De Soto's dream of conquering 
a great kingdom and carrying back to Spain vast 
treasures from the Land of Flowers began to grow 
dim. The Indians frequently cut off his men when 
they wandered from the camp, and on more than one 
occasion De Soto's own life was in danger. But he 
knew no fear, and courageously marched on in search 
of the gold and pearls which the natives assured him 
could be found if he would only penetrate farther to 
the north. The savages doubtless adopted this as a 
skillful method to rid themselves of their unwelcome 
visitors; for De Soto never found any treasures except 
a few little pearls, which were given to him by one 
tribe and taken from him by another. 

4. His Journey Northward. — Marching through 
the present States of Georgia and South Carolina, the 
Spaniards finally reached the Tennessee River. They 
had been pursuing a will-o'-the-wisp, and many months 
had been consumed in the weary journey. De Soto then 
changed his route and marched southwest to Mavilla 
(now Mobile), on the Alabama. Here, in a fierce con- 
flict with the Indians, he last a number of his men, 
and malaria carried off a great many more. But as he 
had sent back his ships to Havana, his followers could 
not desert him. In the third year of the expedition, 
he marched from Mobile to the northwest, until, at a 
point somewhat below the present City of Memphis,. 



J 



THE SPANISH EXPLORERS oj- 

be reached a great river. This proved to be no other 
than the Mississippi. It must have been swollen by 
heavy rains so that it overflowed its usual banks, for 
in their account of the expedition, the Spaniards say 
It was one and one-half miles wide, and - if a man 
stood on the opposite bank, no one could be sure if it 
was a man or not." To this broad stream De Soto 
gave the name of El Rio Grande de la Florida (the 
Great River of Florida). 

5. His Death.— Crossing the river on rafts, De Soto 
wandered around till he reached the mouth of the Red 
River. Here, worn out by the privations of the long 
journey, by anxiety for the safety of his men, and 
above all by bitter disappointment, the great explorer 
fell sick and died. As there were hostile Indians 
near by, and it was feared that the death of the chief 
might incite them to attack the survivors of the expe- 
dition, the body of De Soto was concealed for a few 
days, and was then placed in the trunk of a tree, which 
was weighted and sunk to the bottom of the Mississippi. 
Thus in that mighty river of which he is called the dis- 
coverer, De Soto found a resting place after his weary 
wanderings. Proud, stern, and indefatigable, he 
seemed born to lead men through dangers and mis- 
fortunes; but his expedition had been one of failure 
and disaster. 

6. De Soto's Successor.— His successor, Luis de 
Moscoso, after seeking Mexico in a long, but fruitless 
journey to the west, returned to the Mississippi. 
Here he and his men built seven brigantines, which 
they launched upon the river. All their powder was 
now exhausted, and the Indians, growing bolder, 



32 HISTORY OF LOUISIANA 

attacked them as they sailed down the stream. 
Finally, however, the mouth of the Mississippi was 
reached, and, after coasting along Texas for nearly 
fifty days, the wanderers reached the Tampico River 
in Mexico. Here they were welcomed by some of 
their countrymen, and heard once more their native 
tongue. They were bronzed by the sun, and exhausted 
by the dangers through which they had passed. 
Clothed in the skins of wild animals and emaciated 
by hunger, they hardly looked like human beings. 
For three years they had been in the wilderness, and 
scarcely more than one-half of their original number 
had survived. The old chronicler ends his story of 
their journey and their safe arrival with a fervent 
Deo Gratias! Thanks to God! 

7. Result of the Spanish Explorations. — So 
great was the disappointment caused by the failure of 
De Soto's expedition that Spain attempted no further 
exploration of the Mississippi Valley. The Spanish 
king was reaping a rich harvest of wealth from the 
possessions he had acquired in Mexico and Peru, and 
he thought it wise to discourage the few adventurers 
who proposed to follow in the footsteps of De Soto. 
As late as the beginning of the seventeenth century, 
only two settlements had been made by Spain in what 
is now the United States. These were St. Augustine, 
on the coast of Florida, and Santa F^, in what is now 
New Mexico. 



CHAPTER II 



THE FRENCH EXPLORERS 



8. Marquette and Joliet. — One hundred and 
thirty years passed before any further attempt was 
made to explore the giant river on whose bank the 
adventurous De Soto had lost his life. And now the 
French were to take up the task that the Spaniards 
so many years before had abandoned in despair. In 
the year 1673 the Intendant of Canada, which had 
already been colonized by France, was a certain 
Monsieur Talon. Having heard from the Indians of a 
great river which flowed towards the south, and which 
they called the Meschacebe (great river), Talon deter- 
mined to send out explorers to follow its course to the 
sea. His plan was approved by Frontenac, the Gov- 
ernor of Canada. Their choice fell upon a trader 
named Joliet and a priest named Marquette. The 
latter, who spoke six Indian dialects, was more than 
willing to devote himself to a task which might give 
him opportunities to convert the savages to the 
Christian faith. "When Joliet came with an order 
for me to accompany him," he tells us, " I found 
myself in the happy necessity of exposing my life for 
the salvation of all these tribes." 

9. Marquette and Joliet Descend the Missis- 
sippi. — With five companions these bold explorers, 
penetrated to the Wisconsin River, and rowed down 
it in their birch-bark canoes till they reached the 



33 



34 HISTORY OF LOUISIANA 

Mississippi. They descended the river rapidly, ob- 
serving the plants and trees along its banks and 
casting their nets in its waters for the fish they 
needed. With the Illinois Indians they smoked the 
calumet, and the priest seized the opportunity to tell 
them of the holy religion he w^ished to preach among 
them. Then, breathing a prayer that his ministry 
might touch their hearts, Marquette, with his com- 
panions, continued the voyage down the river. On 
they went beyond the mouth of the turbid Missouri, 
on past the mouth of the Ohio, until finally they 
camped near the mouth of the Arkansas. Here, 
assured by the Indians that the river flowed into the 
Gulf of Mexico, and that, if they continued, they 
might suffer death at the hands of the Spaniards, 
Marquette agreed with Joliet that it would be best to 
return to Canada. Marquette called the great stream 
the River of the Immaculate Conception. 

10. The Return of the Explorers. — Stemming 
the current with their canoes, they returned to Lake 
Michigan, having traveled in all more than twerty- 
five hundred miles. When Joliet told his tale of 
adventure, there was great rejoicing in Canada. The 
French already dreamed of seizing the new territory 
thus opened to them, and of making their possessions 
extend from the St. Lawrence to the Gulf, into which 
the Mississippi flowed. 

I I . La Salle. — The success of this voyage stirred 
the ambition of another Frenchman, whose name will 
always be linked with that of Louisiana. This was 
Robert Cavelier, Sieur de La Salle, a bold and daring 
adventurer, bent on winning for himself a name and 



THE FRENCH EXPLORERS ^r 

a fortune in the New World. His plan was to set 
out from Canada, take possession of the Mississippi 
Valley, and build a line of forts along the river to 
secure the country to the French. Having received 
assistance from the French king, the famous Louis 
XIV., La Salle associated with himself Henry de 
Tonty— Tonty of the Iron Hand,* an Italian soldier 
as brave as himself— and made preparations for his 
voyage. After overcoming many obstacles, the explorer 
and his followers reached the Mississippi by the way 
of the Illinois and began their voyage down its swift 
current. In dealing with the Indians along the route, 
La Salle showed consummate skill. Just below the 
mouth of the Arkansas, he found a tribe from whom the 
river received its name. Here he set up the arms of 
the King of France, thus taking formal possession of 
the country. -These Indians," says a narrative of 
Ihe expedition, -'have cabins made of the bark of 
cedar. They have no other worship than the adoration 
of all sorts of animals. Their country is very beautiful,, 
having abundance of peach, plum, and apple trees. 
We found buffaloes, bears, and turkeys, and they even 
had domestic animals. When we departed, they gave 
us guides to conduct us to their allies, the Taencas 
(Tensas), six leagues distant." 

12. La Salle Reaches the Qulf. — Finally, on 
April 6, 1682, the adventurous explorers reached the 
mouths of the Mississippi. Never since the disastrous 
voyage of Muscoso, one hundred and forty years before, 
had a Europea n followed the great river to its mouth 

*Tonty had lost a hand, but he had replaced it with one of iron, 
which he sometimes used to crack the skulls of the savages. 



36 HISTORY OF LOUISIANA 

and gazed upon the Gulf of Mexico. Great was the 
joy of La Salle and Tonty. 

1 3. The Naming of Louisiana. — The three chan- 
nels of the delta were carefully examined; then, choos- 
ing an elevated spot above the west pass, La Salle 
erected a cross and a column. After the Te Deum 
had been chanted, a proclamation was placed upon 
the column, by which the commander, in the name of 
Louis XIV. , took possession of the whole vast territory 
"watered by the Colbert or Mississippi and its tribu- 
tary rivers," and gave to it the name of Louisiana. At 
the foot of the tree to which the cross was affixed, 
La Salle buried a leaden tablet, with the arms of 
France on one side and on the other a Latin inscrip- 
tion.* Thus it was that the French announced their 
claim to the broad country which stretched from the 
sources of the Mississippi to the Gulf, and gave it a 
name which one portion of it bears to the present 
day. 

i4. La Salle's Later Career. — The rest of La 
Salle's history must be briefly related. Having 
returned to France, he fitted out an expedition to 
colonize Louisiana. Unfortunately, however, after 
saihng through the Gulf of Mexico, he missed the 
mouths of the Mississippi, and, landing on the coast of 
Texas, began a settlement far to the west of his origi- 
nal destination. Subsequently he lost his life at the 

*The inscription, translated, runs: " Louis the Great reigns. The 
9th of April, 1682, Robert Cavelier, with the Sieur de Tonty, a 
priest and twenty Frenchmen, was the first to navigate this river from 
the village of the Illinois down, and to make a passage through its 
mouth." 



THE FRENCH EXPLORERS 37 

hands of one of his own treacherous followers. Daring 
in spirit, but suspicious and imperious in temper, he 
failed to win the love of his subordinates. His brief 
career casts a ray of romantic light across the early 
history of Louisiana. 



CHAPTER III 



THE COLONIZATION OF LOUISIANA 



The failure of La Salle to colonize the banks of the 
Mississippi did not long discourage the French. There 
were among that people many other valiant men who 
were ready to go forth into what was then a wilder- 
ness; who were willing to brave all the dangers of a 
country where they would be separated from friends 
and kindred, and where they would be constantly 

exposed to the tomahawk 
and the scalping-knife. 

1 5. Iberville. — After the 
disastrous peace of Ryswick 
(1697), by which France lost 
nearly all her conquests in 
Europe, Louis XIV. thought 
it wise to secure Louisiana 
against the encroachments of 
the English. Accordingly, 
in 1698, Pierre Le Moyne 
d'Iberville was chosen to lead 
another colony to Louisiana. 
By birth a Canadian, Iber- 
ville had distinguished him- 
self as a naval commander in several battles with 
the English. He was well fitted for the enterprise 
with which he was now entrusted. 

38 




pierre i.e moyne 
d'ibervii,i,e. 



THE COLONIZATION OF LOUISIANA 



39 



16. The Colony Crosses the Atlantic. — Four 
ships, two of them transports loaded with supplies and 
presents for the Indians, were given to him, and with 
these he set sail to convey two hundred emigrants to 
the New World. After touching at St. Domingo, the 
French sailed over to Pensacola. As this port was 
already occupied by the Spaniards, with whom he 
wished to keep on good terms, Iberville sailed on to 
Mobile Bay, where he cast anchor. Here there was no 
one^to interfere with a settlement, unless it were the 
Indians, and these he found to be of a friendly 
disposition as long as they were well treated. 

17. The Mississippi Entered. — The French 
cruised among the islands off the coast, and then, 
launching their boats, they set out to discover the 
mouths of the Mississippi. Iberville was accompanied 
by his brother, the young Sieur de Bienville, after- 
wards famous as the founder of New Orleans, and by 
De Sauvolle,* who afterwards became the first gov- 
ernor of Louisiana. Sailing through a group of 
islands, which they named Chandeleur, the French- 
men finally crossed a strong current running out into 
the Gulf. When they tasted the water, it proved to be 
fresh. Very quickly they came to a muddy stream, 
which they thought they recognized from La Salle's 
description as one of the mouths of the Mississippi. 
Tall reeds were seen in abundance, and the banks were 
lined with immense logs brought down by the mighty 
current. This was March 2, 1699, seventeen years 
after La Salle's expedition down the river from 

*This Sauvolle, though he bore the same name as one of Iberville's 
brothers, was not a relative. 



40 HISTORY OF LOUISIANA 

Canada. The crews of the boats now landed, and 
appropriate rehgious ceremonies were held by an 
accompanying priest. Once more a Te Deiiyn was 
chanted at the mouth of the Mississippi. No such 
music had been heard there since the brave but 
unfortunate La Salle stood upon its banks. 

1 8. The Voyage up the River. — Embarking once 
more, the explorers rowed up the river as far as the 
mouth of Red River. During the voyage they landed 
from time to time at Indian villages, and Iberville, 
though he hated tobacco, found it necessary to smoke 
the calumet with the friendly chiefs. On their return, 
Iberville sent his companions back by the same route, 
but he himself, with an Indian guide and three 
attendants, rowed down Bayou Manchac and through 
Lakes Maurepas and Pontchartrain* to the Rigolets. 
By this route Iberville reached his ships a little before 
the party coming down the river. 

1 9. The First Capital. — As he had found no spot 
on the banks of the lower Mississippi that was not 
subject to the annual overflow of the river, Iberville 
decided to build a fort on the east side of Biloxif Bay, 
in the present State of Mississippi (a site now occupied 
by the town of Ocean Springs). This little fort may 
be called the first capital of Louisiana, for many years 
elapsed before Bienville founded New Orleans. In 
command of the new fort Iberville placed De Sauvolle, 
who thus became the first governor of Louisiana ; and 
next to him in rank was Iberville's brother, Jean Bap- 

*Iberville named Lake Pontchartrain after the Minister of the 
Marine, and Maurepas after the minister's son. 
f Biloxi, named after a tribe of Indians. 



THE COLONIZATION OF LOUISIANA 4I 

tiste Le Moyne, Sieur de Bienville. Having made 
these arrangements, Iberville set sail for France. 

20. The Prospects of the Colony.— The advan- 
tages of the new country had already been described 
in glowing colors by De Remonville, a friend of La 
Salle; and it was believed that France would draw a 
rich revenue from the colony. The chmate was 
declared to be almost perfect, there being little or no 
cold weather. The fertile hills and dales would pro- 
duce two crops of Indian corn a year, while the 
woods were filled with game and every kind of wild 
cattle. On the plains of Texas, then regarded as a 
part of Louisiana, horses ran wild, or they could be 
purchased from the Indians for a few trinkets. The 
skins of buffaloes and other wild animals would be an 
article of trade with the Indians, and could be shipped 
to the mother country in large quantities. The lofty 
forests that covered a large part of the country would, 
when felled by the colonists, furnish masts and timbers 
for whole fleets of ships. The land, thus cleared, 
would produce an abundance of tobacco and long- 
staple cotton. But above all, rich mines of lead, tin, 
and copper would reward the diligent explorer. 

2 I . Sugar Cane.— Such was the prophecy made 
for Louisiana. Of the sugar cane, which one hun- 
dred years later, under the skillful management of 
Etienne de Bor^, was to be a source of such wealth 
and prosperity, hardly any mention was yet made. 
On one of his excursions to Lake Pontchartrain in 
1700, Iberville planted some sugar canes from St. 
Domingo, but unfortunately they were already sour, 
and the pith had turned yellow. In speaking of the 



42 HISTORY OF LOUISIAxXA 

experiment, he writes: " I set out several plants from 
St. Domingo, and they all succeeded except the sugar 
canes, which did not come up." 

22. The Visit of the English. — On the departure 
of Iberville, Sauvolle, finding that the colony was in 
need of many necessaries of life — for many years a 
chronic state of affairs — sent a vessel over to St. 
Domingo to procure provisions. When this was done, 
he thought it wise to conciliate the Indians, who were 
within easy reach of the fort. Accordingly, young 
Bienville, who was brave and fond of adventures, was 
sent out with exploring parties. Visiting the shores of 
Lake Pontchartrain and the banks of the Mississippi, 
he soon learned to know the country and to speak the 
language of the natives. On one occasion, as he was 
descending the river, he met an English vessel armed 
with sixteen guns, which had been sent to explore the 
Mississippi. Bienville, with ready wit, went on 
board, and, by representing to the captain that the 
French were already in possession, induced him to 
retire. The place of this meeting, some distance 
below New Orleans, is still called the "English Turn." 
It is interesting to speculate what would have been 
the fate of Louisiana if it had been colonized by the 
English. Certainly its whole history during the eight- 
eenth century would have been very different. When 
Iberville heard of this adventure, he built a fort fifty- 
four miles above the mouth of the river to keep out 
all intruders, and placed Bienville in command. This 
was the first establishment of the French within the 
present limits of Louisiana. 

23. State of the Colony. — In the meantime the 



THE COLONIZATION OF LOUISIANA 



43 



colony at Biloxi was not in a flourishing condition. 
When the provisions from France and St. Domingo 
were exhausted, there was Httle to eat except what 
game could be killed or what fish could be caught, 
and most of the colonists seem to have been too lazy 
even to hunt and fish. Sauvolle has left us a journal 
of his experiences as governor, and a sad story it tells. 
He complains bitterly of the behavior of the colonists, 
saying that they often refused to obey his orders, and, 
when any serious work was to be done, he had to go 
himself, pull them out of their beds, and stand by 
them till the work was finished. To add to the general 
discontent, heavy rains continued to deluge the coun- 
try, and with them there came a terrible malady, 
which, it is now believed, was no other than the 
dreaded yellow fever of our own day. In a very short 
time not only was the colony reduced from two hun- 
dred to one hundred and thirty-nine persons, but 
Governor Sauvolle himself, after heroic exertions to 
make the settlement a success, took the fever and 
died. 



CHAPTER IV 



BIENVILLE GOVERNOR. FIRST TERM, I7OI-I713 

24. The Transfer of the Capital. — After the death 
of Sauvolle, Bienville was placed at the head of the 
colonial government. Both he and Iberville saw 
that, if the colony was ever to succeed, there must 

be cultivation of the soil. 
Unfortunately, however, the 
land around Biloxi was far 
from fertile. There were 
long stretches of sand which 
reflected the sun and injured 
the eyes of the colonists, 
while the plants that were 
set out never seemed to 
flourish. Accordingly, Iber- 
ville determined to leave 
Biloxi and transfer the col- 
ony to the west bank of 
the Mobile River. Here a 
fort was built of consider- 
able dimensions. Some time after, however, the 
river having overflowed its banks, the fort was so 
badly inundated that it had to be abandoned. 
Another fort was now constructed on a creek of 
Mobile Bay. The ruins of this fort were for 
a long time visited by travelers, but they have 
finally disappeared. At the new fort famine did 




GOVERNOR BIENVILI^E. 



BIENVILLE, GOVERNOR .r 

not fail to make its appearance. In the meantime, 
France could do almost nothing for the colony. She 
was carrying on with England the War of the Spanish 
Succession, in which, while losing all the battles, she 
was expending all the money that could be wrung 
from the French people. 

25. Wives for the Colonists—In 1704, however, 
a pleasant little incident brought some excitement to 
the settlement at Mobile. A ship with provisions, 
arriving from France, conveyed to Bienville a letter 
from the French Minister, announcing that his Majesty, 
Louis XIV., had determined to send over twenty 
young women of modest behavior and honest hfe,who 
had been selected as wives for the colonists. This 
band of young women, the first that came to the 
colony, received a hearty welcome. Almost as soon 
as they arrived, they were provided with husbands; 
and though they afterwards rebelled against the 
coarie fare of Indian corn to which they were sub- 
jected, they seem to have lived happily in their new 
homes. In 1704 the first white child was born in 
the colony. This young Creole was christened Jean 
Frangois Le Camp. 

26. Internal Dissensions.— The complaints about 
the coarse fare were not the only annoyances that dis- 
turbed the equanimity of Governor Bienville. There 
was a bold priest at Mobile who did not hesitate to 
accuse the governor to his face of misappropriating 
and wasting the public stores. He and a certain M. 
De la Salle sent over so many complaints to France 
that in 1707 the government decided to remove Bien- 
ville. There seems to have been no truth in the 



46 HISTORY OF LOUISIANA 

charges preferred against the governor, but he had 
no longer at the French court his brother Iberville 
to defend his character. That famous explorer had 
died at Havana of the yellow fever. The successor of 
Bienville was a Monsieur Muys, but he died on his way 
to Louisiana; and D'Artaguette, who was sent over as 
commissary, found Bienville so popular among the 
colonists that he allowed him to continue to act as 
governor. 

27. Lack of Prosperity. — Still, the misery of the 
inhabitants continued to increase. They did raise a 
little tobacco around Mobile, but they were always 
praying for provisions from France or borrowing them 
from the Spaniards at Pensacola. Bienville wrote 
that they would soon have to live on acorns. In fact, 
many of the young men were allowed to leave the set- 
tlement and live among the Indians, by whom they 
were kindly received and supplied with all they needed. 
In the Indian camps they learned how to track the 
deer and to join in the weird dances around the fire at 
night. This wild kind of life was far more agreeable 
than tilling the soil about the fort, but it was far less 
profitable. 

28. The Grant to Crozat. — The young governor 
now learned that Louis XIV. , worn out by the terrible 
conflict with England and by the burden of old age, 
was looking about him for some one who would under- 
take the task of managing the large but unremunerative 
province of Louisiana. Such a person was discovered 
in Sieur Anthony Crozat, a great banker of France, 
who vainly imagined that he could increase his already 
large fortune by obtaining exclusive control of the 






BIENVILLE, GOVERNOR Ay 

commerce with the new colony, and above all by 
working the mines of gold and silver which were con- 
fidently behaved to exist within its borders. Accord- 
ingly, letters patent were issued to the new pro- 
prietor, giving him, under certain conditions, exclusive 
control of the trade of the province as far north as the 
Illinois, while the king stipulated that the royal 
treasury should receive a share of the profits from the 
mines of gold and silver and precious stones. This 
grant was made in 17 12. 

29. De la Mothe Cadillac, Governor. — The 
governor now placed over the province was M. Cadil- 
lac, and the office of lieutenant-governor was conferred 
on Bienville. Cadillac, to whom Crozat had promised 
a certain percentage of his profits, had great schemes 
for opening an extensive trade with Mexico, and of 
discovering rich mines along the Mississippi. Trading 
posts were established, the most important one being 
on the present site of Natchitoches, under St. Denis, 
one of the most romantic characters in early Louisiana 
history. But the Spaniards were suspicious of the 
French, and, with the short-sighted policy of that day, 
wished to keep the Mexican trade to themselves. * As 
to the mines, lead, iron, and copper were to be found 
m Louisiana, but Cadillac soon discovered it would 
cost more to work the mines than they were worth. 

30. The Natchez War.— In the meantime the 
Natchez Indians had killed some Frenchmen, who had 
fallen into their hands. The governor, who had 
quarreled with Bienville, and doubtless wished to get 

*The only trading privileges granted by the Spaniards were to the 
English. 



48 HISTORY OF LOUISIANA 

rid of him, sent the young man with a small force to 
chastise the troublesome savages. This task Bienville 
accomplished by means of strategy. Decoying the 
chiefs into a conference, he held them captive until he 
had compelled the tribe to submit to all his demands. 
Throughout the campaign he exhibited an ability that 
stamped him as a consummate commander. When 
Bienville returned, he found that Cadillac had been 
recalled, and that he himself had been again placed at 
the head of affairs, pending the arrival of the new- 
governor, M. De I'Epinay. 

3 1 . Crozat Resigns His Charter. — Under the 
new governor (17 17), there was no greater prosperity 
than under the old one. It is not surprising, there- 
fore, that Crozat grew weary of his expensive province. 
His monopoly of trade had brought him no great 
income, and the ships he sent out had cost him a large 
part of his fortune. Accordingly, he determined, by 
the resignation of his charter, to restore the province 
to the King. 



CHAPTER V 

THE COMPANY OF THE WEST, 17 ly « 

32. The New Charter. — Louis XV. was now King 
of France, but, as he was too young to rule, the reins 
of government had fallen into the hands of his uncle, 
the Duke of Orleans, as regent. The French govern- 
ment, unwilling to accept so heavy a burden upon the 
royal purse, decided to transfer the Province of 
Louisiana from Crozat to a newly chartered company, 
whose wild speculations ended in the famous Missis- 
sippi Bubble. At the head of the new company, 
which was afterwards incorporated with the Company 
of the Indies, was a Scotchman named John Law, who, 
after a reckless and extravagant career in London, had 
transferred the scene of his operations to Paris. Here, 
by bold financial schemes, he hoped to recruit his 
ruined fortunes. France, exhausted by war and over- 
whelmed with debt, eagerly adopted any plans that 
promised to fill the empty treasury. What a splendid 
opportunity this great Province of Louisiana offered to 
the fertile brain of John Law! Its commerce, its 
mines of gold and silver, he declared, would, if properly 
managed, pay off the national debt of France and 
make the fortune of all the stockholders. The charter 
of the company* was to last twenty-five years, during 

*The Illinois district, which, under Crozat's charter, was depend- 
ent upon Canada, was now (1717) incorporated with the government 
of Louisiana, but it was governed by a special officer. Under the 
Company of the West, the first commandant placed over the district 
was Pierre de Boisbriant. 

49 



50 HISTORY OF LOUISIANA 

which time the directors bound themselves to send 
over 6,000 white persons from France and 3,000 
negroes from the coast of Africa. In the Journal 
Historique"^ it is stated that there were at this time 
(17 1 8) in the colony 700 persons and 400 cattle, but 
that the cultivation of the soil was still neglected. 
The garrison and the colonists preferred to trade with 
the Indians, and with the Spaniards at Pensacola, 
which trade brought them twelve thousand dollars a 
year. "It would have been better, " continues the 
Jou7^nal^ ' ' to build on the banks of the Mississippi and 
live by the cultivation of tobacco, indigo, silk, rice, and 
other kinds of grain." 

33. New Orleans Founded, 1718. — In 171 8, 
Bienville, who had been reappointed governor when 
the Western Company took possession, determined to 
carry out a plan which he had long nourished of mak- 
ing a settlement on the banks of the Mississippi. The 
land in the neighborhood of Biloxi and Mobile was not 
well suited for agriculture, while he knew the alluvium 
of the Mississippi Valley to be of extraordinary fertility. 
Fifty men, therefore, were sent over to the Mississippi, 
with orders to clear away the thick undergrowth and 
to build barracks for the soldiers. The spot chosen by 
Bienville was within easy reach of Lake Pontchartrain 
and not too far from the mouth of the river. The 
site, unfortunately, was both low and marshy. It 
seemed the natural abiding place of the bittern and the 
alligator; but the buildings were erected, and Bienville 
gave to the new settlement the name of La Nouvelle 
Orleans, in honor of the Duke of Orleans, Regent of 

*Author supposed to be a geographer named Beaurain. 



THE COMPANY OF THE WEST cj 

France. Bienville would have been happy to move 
the capital from Mobile to the new establishment with- 
out further delay, but in this matter he met with 
violent opposition from the general manager of the 
company, M. Hubert, who maintained that New 
Orleans was subject to overflow, and that the mouths of 
the Mississippi were too shallow to admit large vessels. 
For a while Hubert's opinion prevailed, and, as Mobile 
was an inconvenient point to receive the crowds of 
immigrants who were pouring in, the company 
decided to move their headquarters back to the old 
location on the east side of Biloxi Bay. When the 
fort here was accidentally burned, a new one was built 
on the west side of the same bay, and received the 
name of New Biloxi. 

34. Pauger's Report.— In 1722 a French engineer 
named Pauger was sent to make an examination of the 
mouths of the Mississippi. In his report he declared 
that in the southeast pass he had found eighteen feet 
of water — a suiBcient depth for large vessels. He 
further declared that the mass of sand at the mouth 
of the pass would be swept away by the current, if 
dikes were built along the sides of this pass, and the 
other passes were blocked up with sunken vessels and 
cypress logs. This report is especially interesting 
because in our own day the plan suggested by Pauger 
has been successfully carried out in the Eads Jetty 
system of the South Pass. Through the pass of the 
Balize, Bienville now sent a large vessel at his own 
risk, thus convincing the general manager that ships 
of heavy burden could go up to New Orleans. 

35. Charlevoix at New Orleans. — In 1722 a 



52 HISTORY OF LOUISIANA 

priest named Charlevoix came down the Mississippi 
and visited New Orleans. In his description of it, 
he says that some two years before the newspapers 
in Europe had described the town as possessing two 
hundred fine houses, but that, on his arrival, he could 
find only a hundred barrack-like buildings, placed 
about in no great order. There were, besides, a large 
store-house built of wood, and two or three residences 
which would be no ornament to a village in France. 
In spite, however, of its sorry appearance, the good 
priest seemed to foresee, with a prophetic eye, the 
future greatness of the little settlement; for he adds : 
* * I have a well-grounded hope that this wild and 
desert place, which the reeds and trees do yet almost 
wholly cover, will be one day — and perhaps that day 
is not far distant — an opulent city and the metropolis 
of a great and rich colony." The same year in which 
Charlevoix visited New Orleans, Bienville's advice was 
at last accepted, and all the stores of the company 
were transferred to the new settlement on the banks 
of the Mississippi. In spite of the many difficulties 
he had yet to encounter, Bienville never had occasion 
to regret the step he had taken. 

36. Immigration. — Large grants of land were 
now made to prominent families of France, who 
promised to send over colonists to occupy them. Of 
the settlers thus sent over, many perished in the wild 
swamps of Louisiana; others maintained a precarious 
existence by trade with the Indians. It was a repe- 
tition of the early history of Virginia and Massachu- 
setts. Law himself, the president of the company, 
had received as his share a grant of twelve miles 



THE COMPANY OF THE WEST 



53 



square on the Arkansas. To this he sent over a large 
number of honest German settlers. Worn out by 
hardships, however, these afterwards came down to 
New Orleans and prayed to be sent back to their own 
country. With some difficulty they were persuaded 
to seek homes in the parishes just above the city. 
Here they prospered, and here their descendants are 
to be found at the present day. 

37. Slaves.— In 17 19* the first cargo of slaves, 
five hundred in number, reached Louisiana from the 
coast of Africa. Later on, many more of these unfor- 
tunate people were brought over; but, while they added 
to the wealth of the colony, they became a source of 
fear and danger, and eventually they retarded the 
development of the country. With some of this first 
cargo of slaves the company began to lay out and 
cultivate a plantation opposite to New Orleans, f 

*Just one hundred years after the first cargo landed at Jamestown, 
Virginia 

fThe price of a slave at this period was only 3150. 



CHAPTER VI 

THE COMPANY OF THE WEST (CONT.) 

38. The Bubble. — In the meantime Law, by his 
magnificent promises, had inflated the stock of the 
company in Paris till it sold for forty times its par 
value. There followed a wild carnival of speculation, 
in which men and women alike participated. But the 
day of recl^oning was near at hand. No money came 
from Louisiana to pay large dividends. Some of the 
speculators began to suspect that they were the vic- 
tims of a gigantic fraud. This suspicion was followed 
by a panic and a "run" on the bank of the company. 
Thousands of the creditors were ruined in a day. Law 
himself, his carriage torn to pieces by the mob, 
escaped with difficulty to take refuge in Ital}^ When 
the news of this collapse reached Louisiana in 1721, 
the paper money issued by the company fell in value 
until it was nearly worthless, and the colonists were 
on the verge of despair. The company, however, 
though it had lost its president, continued for eleven 
years to do what it could to advance the interests of 
the colony. 

39. Organization. — For religious purposes the 
province was divided. All the country above Natchez 
was transferred to the care of the Jesuits, while New 
Orleans and the district south of Natchez were placed 
under the control of the Capuchins. There was much 
contention between these two orders, and the Jesuits, 

64 



THE COMPANY OF THE WEST 



55 



in course of time, came to New Orleans and estab- 
lished themselves there. For governmental purposes 
the province was divided into nine districts, each 
under the control of a commander and a judge, or by 
one person holding both offices. These districts were 
as follows : District of the Alibamons, of Mobile, 
Biloxi, Yazoo, Illinois and Wabash, Natchitoches, 
Natchez, and New Orleans. A superior council at 
New Orleans, however, with the governor as nominal 
president, was the highest tribunal of the province. 
Thus the principle of organization began to make 
itself felt in Louisiana, but there was none of that 
admirable self-government which existed at this period 
in the English colonies of Virginia and Massachusetts. 
Louisiana had no representative assembly. Every- 
thing was determined in France. Hence all the laws 
were external to the colonists. Herein lay the source 
of failure that attended the colonial system of both 
France and Spain. 

40. The Indians. — In spite of the opposition he 
often encountered from the officers of the company, 
Bienville had been very successful in governing the 
colony, and especially in protecting it against the 
Indians. About this time, however, the Natchez began 
to give trouble once more. News reached New 
Orleans that they had murdered some Frenchmen 
whom they had captured. Bienville's method of 
punishing the savages was not only treacherous, but 
also most unwise. He first patched up a peace with 
them, and then falling upon them, he brought back to 
New Orleans the heads of the offenders. Naturally 
the desire of this tribe for vengeance never slept. In 



56 HISTORY OF LOUISIANA 

fact most of the tribes in Louisiana began to look upon 
the French with growing suspicion, for they seemed to 
foresee the day when they would have to relinquish 
their lands to the foreigners. Hence quarrels grew 
more frequent. Little bands of savages would 
descend in the night upon the more remote settle- 
ments, and carry off the scalp of every man, woman, 
and child. The French, unlike the Spaniards at a 
later day, made too little effort to win the friendship 
of their red-skinned neighbors. They began to treat 
the savages just as the latter treated the whites. Gov- 
ernor Perier, for instance, having taken some Indian 
prisoners, burned some of them alive, and sent many 
of them to be sold as slaves in San Domingo. Such 
a spirit of retaliation bore bitter fruit. 

41. Recall of Bienville. — In 1724 Bienville, who 
had many enemies among the agents of the company, 
was summoned back to France. He was accused of 
having looked after his own interests and neglected 
those of the company. It was even maintained that 
while he was governor, he had succeeded in laying up 
a large fortune. It seems certain, however, that when 
he returned to France after nearly twenty-seven years 
of service, he was worth only $12,000 — a sum that 
must be regarded as insignificant when we consider 
how much he had labored for his country. In 
Bienville's place an officer named Boisbriant was 
appointed temporary governor, until Perier, the new 
governor, should arrive. 

42. The "Casket Girls." — The second year of 
Perier's administration is made memorable by an 
interesting event. Many of the women sent over to 



THE COMPANY OF THE WEST 



57 



Louisiana had proved to be neither respectable nor 
useful members of the colony. The province, more 
than once, had been made a place of refuge for vaga- 
bonds both male and female. But in 1727 there came 
over a number of poor but reputable girls as wives for 
the colonists.* Each of them was provided with a 
httle box containing all her worldly belongings. From 
this fact they received the name of casket girls (^filles 
h la cassette.) They were placed under the care of 
some Ursuline nuns, who had come over to take 
charge of the hospitals and the female schools. With 
them the ''casket girls" remained till they were 
sought in marriage by the young men. They had not 
long to wait. In fact wives were so scarce in Louisi- 
ana that some of the men, much to the disgust of the 
priests, intermarried with the soft-eyed Indian 
maidens. 

43. The First Levee. — The same year (1727), 
Gov. Perier wrote as follows to the French govern- 
ment : '*I have had constructed in front of New 
Orleans a levee 900 feet in length and 18 feet thick. 
Other levees will be built this year from 18 
miles above the city to a point 18 miles below. 
These, though not so strong as the city levee, will pre- 
vent the Mississippi from overflowing the country. 
Such was the humble beginning of the great levee 
system that now confines the waters of the river. 

44. The Natchez Massacre. — Perier's adminis- 
tration, however, was marked by warlike as well as 
peaceful events. At Fort Rosalie in Mississippi, the 
Natchez Indians, infuriated by the overbearing con- 

* A similar band, as we have seen, had been sent over in 1704. 



58 HISTORY OF LOUISIANA 

duct of the commander of the fort, who tried to rob 
them of one of their villages, fell upon the garrison 
and the settlement with terrible ferocity. At least 
two hundred scalps were taken, and many women and 
children were carried off into captivity. Great was 
the excitement in New Orleans when the news of this 
disaster reached the city. To avenge the massacre 
Perier fitted out a large expedition and marched 
against the Natchez, but though he managed to cap- 
ture a number, the wily savages showed remarkable 
strategy in carrying on the campaign. Each time that 
they seemed on the point of being crushed, they 
would slip through the lines of the French and disap- 
pear. Their last stand was on what is known as Sicily 
Island in the upper portion of the State. Here they 
were forced to give up their women and children, but 
the majority of the warriors escaped and took refuge 
with the Chickasaws. If they had been better treated 
they would have proved valuable friends to the 
French. 

45. Slave Insurrection. — At this period, also, the 
increase in the number of the slaves began to menace 
the peace of the colony. Many of them had been 
armed by their masters and had fought with bravery 
against the Indians. They now formed a conspiracy 
— and it was not the last in the history of Louisiana — 
to obtain their freedom. The attempt, however, was 
a signal failure and the ringleaders were put to death. 



CHAPTER VII 

LOUISIANA ONCE MORE A ROYAL PROVINCE 

46. Bienville's Third Term. — In 1731, the com- 
pany, which had for fourteen years controlled the 
destinies of Louisiana, grew so weary of the Indian 
wars that the province was once more restored to the 
king. No better man than Bienville could be found 
to act as governor, and so after eight years' absence, 
the Father of the colony returned to his old post. 
When he reached Louisiana he seems to have been 
desirous to win fame for himself and at the same time 
to secure the peace of the colony by an expedition 
against the Chickasaws in Northern Mississippi. These 
Indians, it will be remembered, had given refuge to 
some of the scattered Natchez. In 1736 the expedi- 
tion was made, but the Chickasaws proved to be well 
fortified, and, with the assistance of the English, they 
succeeded in repulsing Bienville's attack on their 
stronghold. His loss was so great that he determined 
to retreat ; while the savages burned their captives 
over a slow fire. Humiliated by this first defeat, Bien- 
ville raised a larger army with the intention of crush- 
ing out the whole tribe of Chickasaws. Again, how- 
ever, the campaign was disastrous for the French, and 
Bienville was forced to make peace with his former 
enemies. Imagine the feelings of the old warrior when 
he had to admit to his government that he had been 
twice defeated by a tribe of undisciplined savages! 



6o HISTORY OF LOUISIANA 

All he could say was that Fate seemed to be against 
him, and that he did not care to struggle any longer 
against such misfortunes. 

47. The Recall of Bienville. — Accordingly in 
1742, he asked to be recalled, and when his successor, 
the Marquis de Vaudreuil, arrived in Louisiana, Bien- 
ville left the colony never to return. When he first 
came to Louisiana with his brother Iberville, he was 
only a stripling of eighteen. Brave and skillful in the 
management of affairs, he did more than any one else 
for the development of the colony during those early 
days of trial and disaster. When he left the city he 
had founded on the Mississippi, he was 62 years of 
age, and had grown gray in the service of his country. 
The increasing prosperity of the colony doubtless con- 
soled him in some degree for those last unfortunate 
campaigns against the Indians. 

48. Yaudre-Qil G-overnor, 1743-i7'53. — During 
the administration of Vaudreuil there were no great 
or stirring events in Louisiana. The governor made 
an attempt to punish the Chickasaws for all the trouble 
they had given ; but this brave tribe defended them- 
selves with such success that once more the French 
had to retire from the struggle. The Creoles,^ how- 
ever, fought so valiantly that Vaudreuil declared that 
if he had an army of these native Louisianians, instead 
of the troops from France, he could exterminate the 
Chickasaws. 

49. Internal Trade. — During this period the pop- 
ulation of Louisiana numbered about 6,000, of whom 

*The name applied in Louisiana to the descendants of French or 
Spanish colonists. 



LOUISIANA ONCE MORE A ROYAL PROVINCE 6l 

4,000 were white. The trade on the Mississippi was 
already very profitable. The northern portion of the 
province sent down large quantities of leather, hides, 
and bacon, while the south sent in return tobacco, 
rice, indigo, and some cotton and sugar. Barges, 
laden with many kinds of commodities, floating down 
the river, came to ply their trade at New Orleans. 
Generally speaking there was more prosperity than 
ever before. 

50. Cotton. — It was in 1740 that the planters 
began to grow small quantities of cotton, but it was so 
difficult to separate the seed from the fibre, that the 
crop was not very profitable, and there was little sur- 
plus over the home consumption. In Louisiana, as in 
the rest of the south, it was not till Whitney invented 
the cotton gin (1792), that cotton planting sprang 
into prominence as one of the great industries of our 
country. With his hands aslave could clean only six 
pounds a day, while with the aid of the gin the same 
slave learned to clean a thousand pounds a day. 

5\. Sugar Cane. — In 1751 the Jesuits introduced 
from St. Domingo some sugar canes, and brought over 
at the same time some slaves who were supposed to 
understand the manufacture of sugar. The Jesuit 
plantation was on the Mississippi within the present 
precincts of New Orleans. Seven years later M. 
Dubreuil, who was one of the richest planters in Lou- 
isiana, laid out an elaborate sugar plantation along 
what is now Esplanade Avenue. Here he built a 
sugar-mill, the first in the colony. As yet, however, 
the method of causing the sugar to granulate properly 
had not been discovered, and for a long time the 



62 • HISTORY OF LOUISIANA 

Louisiana product was very inferior. It was a waxy, 
gummy substance, which must have been very disa- 
greeable to eat. From it, however, the planters man- 
ufactured a certain kind of rum called tafia, which 
enjoyed a certain popularity. When an attempt was 
made in 1765 to export some of this sugar to France, 
it leaked through the barrels in such quantities that 
the enterprise proved a failure. We shall find that in 
1796 a revolution was produced in the sugar industry 
by the genius of Etienne de Bore.* 

52. Kerlerec, Governor, 1753-1763. — In 1753 
Vaudreuil was made Governor of Canada, his position 
in Louisiana being taken by M. Kerlerec. The new 
governor's administration was marked by no very 
important events in the colony itself. He conciliated 
as far as he could the Choctaws, who had aided the 
French in the Indian wars, but who when they did 
not receive liberal presents, threatened to go over to 
the English and even to make war on their former 

*A letter, written by Vaudreuil in 1744, which I have recently discov- 
ered among some old printed documents, is of interest as a picture of the 
times : "Nothing is wanted here," he writes, "but negroes, and some 
of them have been brought in this year. I have received four of 
them for my fees. I hope there will be an increase on account of 
the purchase I have made of a plantation which cost me 30, 000 francs 
to be paid in four years. On it there are thirty-four strong, well- 
made negroes, all manner of buildings, and even a fine dove house 
stocked with one hundred pigeons. There are also fifty-seven oxen 
and cows, as many sheep, and the rest in proportion. There are 180 
arpents of grubbed up land, which is plowed and sowed. I have 
built of bricks ten vats to make indigo, and hope the produce of four 
years will pay the principal. The dearness of provisions occasioned 
my buying the plantation. If you live in this place you must have 
one. Before I laid out anything on mine, I was offered 15,000 francs 
more than I am to give." 






LOUISIANA ONCE MORE A ROYAL PROVINCE 63 

allies. In the meantime Kerlerec and his commis- 
sary quarreled bitterly, each accusing the other of 
wasting or misappropriating the public funds. The 
expenses of the colony in one year ran up to nearly 
$200,000. When we examine the items for which 
this sum was expended, the conclusion is forced upon 
us that there must have been much peculation among 
the officials of that time. Who was guilty, it is diffi- 
cult to say; but Kerlerec was summoned to France 
and promptly thrown into the Bastile. He died soon 
after his release. 

53. The Treaty of Paris, 1763. — France could 
not afford so heavy a drain upon her treasury; for at 
this time she was engaged in a desperate war with 
England for the control of India and Canada (the 
"Seven Years' War"). Finally in 1759 Wolfe 
captured Quebec, and when that city fell into the 
hands of the English, it began to look as if the arms 
of France's ancient enemy would be every where 
victorious. By the Treaty of Paris, ratified Feb- 
ruary 10, 1763, Louis XV. agreed to transfer to 
Great Britain ' ' all that portion of Louisiana lying 
east of the Mississippi except the island on which New 
Orleans stands." England supposed that France 
would retain possession of all Louisiana lying west of 
the river, but by a secret agreement signed November 
3, 1762, Louis XV. had already presented this vast 
territoi"y, together with the isle of Orleans, to his 
cousin Charles III. of Spain. 

Nor does the French king seem to have felt any 
real regret in sacrificing to Spain the splendid province 
which the French had been the first to colonize, and 



64 HISTORY OF LOUISIANA 

for which so many vaUant Frenchmen had laid down 
their hves. Exhausted by the long war, he was 
unwilling to undertake the defence of a province 
which after all had not proved profitable, and by 
transferring it to Spain he hoped to put it beyond the 
reach of England. 

54. The Acadians. — Before the formal transfer 
to Spain took place, and for some years after, 
Louisiana received as immigrants a large number of 
Acadians. These unfortunate people had dwelt in 
the French province of Acadia, or, as it is now called. 
Nova Scotia ; but when this fell into the hands of 
the English (17 13), the inhabitants were required 
either to leave the province or to take an oath of alle- 
giance to the English king. The Acadians, though 
nearly all took the oath, were granted permission to 
remain neutral in wars between the English and the 
French of Canada or the Indians. At a later date, 
however, they were accused by the English of joining 
the enemy in attacks on the English settlements. A 
great deal of ill-feeling was the natural result ; and, 
finally, in 1754, when the Acadians refused to take a 
stricter oath of allegiance, Lawrence, the English 
governor, decided to expel the whole population. 
The number that met this fate was about, 6,000. 
Whether the governor's act was justifiable as a poht- 
ical measure has been disputed, but that the expulsion 
was accompanied by scenes of unnecessary cruelty is 
generally admitted. The exiles were scattered in 
many directions ; but their hearts naturally turned 
towards the people of Louisiana, who spoke the same j 
language as themselves and professed the same 



LOUISIANA ONCE MORE A ROYAL PROVINCE 65 

religion. Down the Mississippi came some of them; 
others, from the West Indies; still others from their 
places of refuge in Europe, until several thousands 
had reached Louisiana. Being kindly received, they 
settled in the parishes above New Orleans and along 
the Teche. Here they found peace and prosperity, 
such as the fortune of war denied them in their native 
land, and here their descendants are still living. In 
Longfellow's "Evangeline" the story of their sad 
wanderings has been told to the music of exquisite 



* See sketch of the Acadians by J R Ficklen in In Acadia (New 
Orleans, 1893). See also Francis Parkman, Montcalm and Wolfe ^ 
Boston, 1894, vol. I. passim. 



CHAPTER VIII 



SPAIN TAKES POSSESSION 



55. The News Reaches Lonisiana. Milhet. — 
The cession of Louisiana to Spain was kept so pro- 
found a secret that the colonists themselves, except 
through vague rumors, knew nothing of it until the 
year 1764. In October of this year Governor D'Ab- 
badie, who had succeeded Kerlerec, received a letter 
from the King of France, ordering him to be pre- 
pared to transfer the province to the accredited rep- 
resentative of Spain. Imagine what a shock this 
realization of their fears gave to the feelings of the 
colonists. Something, however, might yet be done. 
A convention was called to meet* in New Orleans, and 
it was decided that Jean Milhet, the richest merchant 
in New Orleans, should be sent to France, there to 
plead at the foot of the throne, that Louis the Well- 
Beloved would annul the treaty of cession and would 
take back a colony which was bound to France by a 
hundred ties. When he reached Paris, Milhet was 
joined by the venerable Bienville; but their united 
prayers availed nothing. The Due de Choiseul, him- 
self the author of the cession, refused even to present 
their petition to the king. 

56. Ulloa, the First Spanish Governor. — The 
Uprising of 1768. — Finally in March, 1766, four 
years after the secret treaty, the Spanish kmg sent 
over as governor of Louisiana Don Antonio Ulloa. 

66 



SPAIN TAKES POSSESSION 6/ 

The new governor brought with him only ninety men. 
Instead of showing his credentials and taking formal 
possession of the province, he spent eighteen months 
awaiting reinforcements. During this time, his arbi- 
trary conduct exasperated the Creoles to such a point 
that in 1768 a conspiracy was formed for his expul- 
sion. The leader of the movement was Lafreniere, a 
man of noble figure and commanding eloquence. In 
an address to the council that has made his name 
memorable in Louisiana, Lafreniere persuaded that 
body to issue a decree, declaring Ulloa a ''usurper 
of illegal authority," and commanding him to leave 
the province in three days.* In the meantime D'Ab- 
badie had died and had been succeeded by a new 
French governor, Charles Aubry. As Ulloa had 
never assumed formal control of affairs, Aubry con- 
tinued to govern in the name of the King of France. 
He now made every effort to allay the excitement of 
the people; but his efforts were vain, and Ulloa was 
compelled to sail away to Havana. 

57. Independence Desired. — It is noteworthy that 
before the expulsion of Ulloa, the Creoles sent a 
deputation to the English at Pensacola, asking their 
assistance in establishing a republic. The English 
governor, however, refused to entertain such a pro- 
posal, and the colonists felt too weak to accomplish 

* An extract from this speech is worthy of quotation : "In pro- 
portion to the extent both of commerce and population is the solidity 
of thrones ; both are fed by liberty and competition, which are the 
nursing mothers of the State, of which the spirit of monopoly is the 
stepmother. Without liberty there are but few virtues. Despotism 
breeds pusillanimity and deepens the abyss of vices. Man is con- 
sidered as sinning before God only because he retains his free will."' 



68 HISTORY OF LOUISIANA 

their object without such aid. Thus the Louisianians 
dreamed of winning their independence eight years 
before Jefferson wrote the Declaration of 1776. 
After the departure of Ulloa the only recourse of the 
colonists was to appeal once more to France; but the 
court was, as before, deaf to their entreaties. In the 
meantime, the colony remained a prey to uncertainty 
and internal commotion. 

58. The Coining of O'Reilly. — On the 24th July, 
1769, however, the inhabitants were thrown into a 
state of intense excitement by the announcement that 
Spain had determined to assert her rights in Louisiana, 
and that Don Alexander O'Reilly, with a fleet and a 
force of several thousand men had arrived at the 
mouth of the river. In the presence of such a force 
all hope of resistance vanished. 

At first the new governor was conciliatory in his 
behavior towards the former conspirators, and they in 
their turn made representations to him that the expul- 
sion of Ulloa had been caused entirely by his failure to 
show his credentials and to take formal possession of 
the province. For a time all went well. The past 
seemed to be forgotten. Suddenly, however, O'Reilly 
had the leading conspirators arrested and tried before 
a court created by himself. Six of them were con- 
demned to various terms of imprisonment, while five 
of the most prominent, including Lafreniere, being 
found guilty of high treason, were immediately shot. 
Such was the end of the so-called Revolution of 1768. 
The name of O'Reilly is naturally execrated by the 
French Creoles of Louisiana; but it seems certain that 
he was acting strictly under the orders of the King of 



SPAIN TAKES POSSESSION 69 

Spain. The real responsibility for this judicial 
murder, which casts a dark shadow across the annals 
of Louisiana, must fall upon the weak acquiescence of 
the French Court, which refused to interfere for the 
protection of a band of patriots whose only fault was 
their too great devotion to their king and his govern- 
ment. 

59. Political Changes. — When the vengeance of 
Spain had been satisfied, O'Reilly began to change 
the government as it had existed under the French, 
by the substitution of Spanish customs and laws. 
The changes, however, were not so great as might be 
supposed; for both the French and the Spanish laws 
were largely drawn from the Roman code and hence, 
bore a marked resemblance to each other. The legal 
language of the province was to be Spanish, but, 
according to Judge Martin,"^ the use of French was ta 
be tolerated in the notarial and judicial acts of the 
Spanish officers in the parishes. The French Creoles, 
of course, continued to speak their own tongue, just 
as they do at the present day. Instead of the old 
Superior Council, before which Lafreniere had spoken, 
O'Reilly established the Cabildo, the officials of which 
not only enacted certain laws, but also served as a 
kind of superior court. At first the highest offices, 
were naturally held by Spaniards, but very soon the 
Creoles came to occupy the most important posi- 
tions. 

60. Census of 1769. — With his usual vigor 
O'Reilly set about making a census of New Orleans. 
The little city contained about 468 houses, with a 

* History of Louisiana. 



•JO HISTORY OF LOUISIANA 

population of 3,191. Of these, the free persons num- 
bered 1,901, the slaves 1,230, and the domesticated 
Indians 60. In the rest of the province there were 
about 10,400 persons. 

61. Unzaga, 1770-1777. — When O'Reilly was re- 
called, he was succeeded by Don Luis de Unzaga. 
During his administration the Creoles began to submit 
with a good grace to the rule of Spain. At this 
period, moreover, the English colonies opened the 
war of independence with George III. As Spain was 
not well disposed towards England, the colonies were 
permitted to draw supplies from New Orleans, and 
thus Louisiana did what she could to aid the rising 
republic of which she was one day to form a part.* 

62. The Monks. — In New Orleans a famous quar- 
rel arose between Father Cirilo, chief of the Spanish 
Capuchins, and Father Dagobert, of the French 
Capuchins. As each one wished to control ecclesi- 
astical affairs in the colony, the contention between 
them waxed bitter. The colonists took sides; but the 
majority, including the governor, were disposed to 
favor the cause of Dagobert. This good priest, though 
he was self-indulgent and too ready to forgive sins, 
was beloved by all his parishioners, and the influence 
of Cirilo failed to dislodge him from the position he 
occupied, t 

* The chief articles of commerce in Louisiana for the year 1769 
were: Indigo, valued at SIO.OOO; rice, peas and beans, S4,000; tallow, 
$4,000; naval stores, $12,000; lumber, 850,000, and deer skins, 
$80,000. 

f The fame of Father Dagobert has been celebrated by one of our 
'Southern poets, Mrs. M. E. M.Davis. From her " Pere Dagobert," 
•the following extract is taken: 



SPAIN TAKES POSSESSION 

None of your meagre, fasting, wild-eyed, spare, 

Old friars was Father Dagobert ! 

He paced the streets of the vieux-carre 

In seventeen hundred and somewhat, gay, 

Rubicund, jovial, round, and fat. 

He wore a worldly three-cornered hat 

On his shaven pate; he had silken hose 

To his ample legs; and he tickled his nose 

With snuff from a gold tabatiere. 

He listened with courtly high-bred air 

To the soii-eyed pe7iite7iie that came — 

Kirtled lassie or powdered dame — 

To kneel by the carved confessional, 

And breathe, in a whisper musical. 

The deadliest sins she could recall," etc. 



71 



CHAPTER IX 



SPANISH RULE CONTINUED 



63. G-alvez, 1777-1785. — When Unzaga retired, 
he was succeeded by the most famous of all the Span- 
ish governors, Don Bernardo de Galvez. The Amer- 
ican Revolution was now in progress, and Galvez 
continued the policy of his predecessor with reference 
to the war. The American agents were furnished 
with arms and provisions of all kinds, until the cost of 
the whole amounted to $70,000. Moreover, as the 
ill-feeling between Spain and England now broke out 
in open war, Galvez immediately decided to win fame 
for himself and to aid his king by retaking East and 
West Florida, which by the treaty of 1763 had been 
transferred to England. The English had occupied 
Pensacola, and after building forts on the Manchac 
and on the Mississippi, they had made themselves 
extremely disagreeable to the Spanish government by 
smuggling goods across the river into Spanish territory. 
Having determined, therefore, to act on the offensive, 
Galvez raised an army of 1,800 men. Some of these 
troops were drawn from New Orleans; for the French 
Creoles were as eager for glory as the governor him- 
self. From the country parishes the Germans and the 
Acadians flocked to his standard, and to all these the 
Governor added a number of Indians and a company 
of negroes. 

64. The Conquest of Florida. — The details of this 

72 



SPANISH RULE CONTINUED 73 

campaign cannot be given. It must suffice to say that 
he was eminently successful in all his undertakings. 
First of all the forts at Baton Rouge and near by fell 
into his hands; then fort Panmure at Natchez; then, 
sailing to Mobile, he captured Fort Charlotte, and last 
of all — a brilliant exploit — he succeeded in forcing 
Pensacola to surrender (1781). When the treaty was 
signed at Paris in 1783, by which Great Britain 
acknowledged the independence of the American 
colonies, a formal transfer was made to Spain of East 
and West Florida (including all the territory east of 
the Mississippi and south of the 31st degree of lati- 
tude, except the island on which New Orleans stood). 
Two years later the career of Galvez in Louisiana 
was ended by his removal to Mexico. He had 
governed the province with great ability and had en- 
deared himself to the colonists by the noble qualities 
he had displayed both as general and governor. 

65. Miro, G-overnor, 1785-1791. — Galvez was 
succeeded by Don Estevan Miro. Miro was a man of 
ability, and though he did not enjoy the popularity of 
the brilliant Galvez, he was highly esteemed by the 
Louisianians. 

66. The Inquisition. — During Miro's adminis- 
tration Spain formed the bold design of rooting out all 
heresy in Louisiana by establishing in New Orleans a 
branch of the Spanish Inquisition. Accordingly a 
capuchin named Antonio de Sedella, who had come 
over from Spain, announced himself as the agent of 
that dreaded institution, and applied to Miro for 
soldiers to aid him in discovering and punishing 
heretics. Miro gave no answer; but that night the 



74 HISTORY OF LOUISIANA 

monk was awakened by a knock at his door. When 
he opened it and saw some soldiers standing without, 
he imagined that Miro had granted his request. What 
was his surprise when he was seized by the rough 
troopers and immediately put aboard a vessel, which 
next morning sailed for Spain!* 

Miro explained his conduct to the king by declaring 
that if it was the design of Spain to foster the develop- 
ment of Louisiana, no inquisition must be established 
there; for it would surely be an object of dread to the 
inhabitants and it would prevent the increase of the 
population. This was the first and the last attempt 
to introduce this terrible tribunal; but all the Spanish 
governors were careful not to permit any church in 
Louisiana except the Roman Catholic. 

67. Great Fires in New Orleans. — In 1788 a 
great misfortune overtook New Orleans; for a fire 
broke out and swept away the greater part of the city. 
More than four hundred houses were burned, among 
them the prison, the town hall, the church, and some 
of the finest residences. About 700 people were 
without shelter or food, but the governor came 
promptly to their aid, giving tents and supplies to all 
the needy. St. Domingo, being informed of the 
disaster, sent over bountiful supplies, and even gave 
help in rebuilding the little city. "We would have 
aided any other colony, overcome by so great a mis- 
fortune," ran the generous message, " but we feel a 
double satisfaction in relieving the woes of our fellow 

* Antonio de Sedella afterwards returned to Louisiana, where, 
known as Pere Antoine, he lived to a good old age, a respected and 
beloved priest. 



SPANISH RULE CONTINUED 



7S 



countrymen." New Orleans owed its new church to 
the generosity of a noble Spaniard, Don Almonester y 
Roxas, who, at his own expense, built the St. Louis 
Cathedral, which, after many alterations, still faces 
Jackson Square. 

Seven years later there was another disastrous fire, 
but fortunately the new cathedral escaped. When 
the houses were rebuilt, it was strongly urged by the 
Cabildo that, instead of shingles, the new roofs should 
be made of tiles. The advice was followed, and at 
the present day many picturesque old houses covered 
with red tiles are to be seen in the French quarter of 
the city. 

68. Schools. — For three-quarters of a century the 
girls of New Orleans had been educated by the Ursu- 
line nuns, but there were few schools for boys. One 
that had been taught by a Spanish priest and two 
ushers was poorly patronized; for most of the inhab- 
itants wanted their children taught in the French 
language, and as this was not possible in New Orleans, 
they sent their children to Canada or to France. 
When, however, in 1791, there was a successful insur- 
rection of the slaves in St. Domingo against their 
former masters, many of the latter emigrated to 
Louisiana. There, as a means of livelihood, some of 
them opened new schools, and accomplished some- 
thing for the cause of education. From the same 
island came at this period the first dramatic company 
ever seen in New Orleans. 

69. Carondelet, G-overnor, 1792-1797., — Miro 
retired in 1791, and the following year was succeeded 
by the Baron de Carondelet. 



76 HISTORY OF LOUISIANA 

70. Improvements in New Orleans. — Carondelet 
was long remembered for the improvements he made 
in New Orleans. Seeing that it would be of great 
advantage to the city, if it had water communication 
with the lakes, he called upon the merchants to 
furnish him with as many slaves as the}^ could spare. 
With the aid of these and some convicts, he caused 
to be dug the canal that connects New Orleans with 
Bayou St. John and through this with Lake Pontchar- 
train. This canal not only served to develop the. 
shipping, but it drained to some extent the marshes in 
the rear of New Orleans, and thus improved the health 
of the city. 

Nor was this all. The population of New Orleans 
was now nearly 6,000, and as the streets were not 
lighted at night, robberies and other crimes were of 
constant occurrence. The governor, recognizing that 
one of the best preventives of such acts is plenty of 
light, had eighty lamps placed in various parts of the 
city, and as a further protection, he appointed a num- 
ber of watchmen. To pay the expense of these addi- 
tions to the comfort of the people, a tax of one dollar 
and twelve cents was laid on every chimney in the 
city — a form of taxation that is now regarded as very 
unwise. In 1796 it was dropped in New Orleans 
because it did not bring in sufficient income, and the 
necessary amount was raised by a tax on wheat, bread, 
and meat.* 

7 1 . G-ranulation of Sugar, 1796. — We have 
seen that the quality of the sugar produced in Louisi- 
ana was very inferior. Consequently, since 1766, 

* Cf. Martin's History of Louisiana, vol. II., p. 137. 



SPANISFI RULE CONTINUED 77 

sugar planting had been practically abandoned for 
other forms of industry. In the year 1795 Etienne de 
Bor^, a Louisiana planter, resolved to make one more 
attempt to produce good, granulated sugar. His plan- 
tation lay in the present limits of New Orleans, where 
Audubon Park now is. In the planting of indigo he 
had been unsuccessful ; for the climate seemed unfav- 
orable, and an insect, which devoured the leaves of 
the plant, had made its appearance in the indigo 
fields. Obtaining some canes, De Bore planted an 
extensive tract of land, though his wife and friends, 
remembering the experience of the past, pleaded with 
him not to involve himself in certain ruin. The serv- 
ices of a skilled sugar-maker, who had come over as 
a refugee from San Domingo, were engaged, and when 
the grinding season of 1796 arrived, a number of 
planters gathered around with intense interest to 
watch the result of the experiments. The trial was 
made. Suddenly a shout went up : 'Tt granulates ! 
it granulates !" De Bore's fortune was assured, and 
a new era of prosperity was opened for Louisiana. 



CHAPTER X 

THE CLOSE OF SPANISH RULE 

72. Revolutionary Ideas in Louisiana. — The 
year 1795 was a year of commotion in Louisiana. 
Scarcely had the governor succeeded in crushing a 
conspiracy of the slaves who had risen against their 
masters, when he was confronted by another more 
serious danger. Ever since the famous revolution of 
1789 in France and the establishment of a republic, 
there had been meetings of the Creoles in Louisiana, 
and many bold threats uttered about throwing off the 
Spanish yoke. Their brethren in France w^ere free ; 
why then should the government of a monarch be tol- 
erated in Louisiana ? In the cafes the revolutionary 
song, "Qa ira, ga ira, les aristocrates a la lanterne"* 
was sung, and Genet, the French minister at Wash- 
ington, actually tried to raise an army to invade Lou- 
isiana and expel the Spaniards. As every one was 
plotting, Carondelet, also, began to plot. First to 
guard against invasion and at the same time to over- 
awe the Republican Creoles, he surrounded New 
Orleans with a wall of earth, strengthened by five forts. 
He then adopted a scheme which had been enter- 
tained by his predecessor Miro. He tried to persuade 
the western States, Kentucky and Tennessee, to sep- 
arate themselves from the American union and put 
themselves under the protection of Spain. If this 

* " The aristocrats will surely be hanged." 

78 



THE CLOSE OF SPANISH RULE 



79 



plan succeeded, he would be able to establish a strong 
barrier against the advance of the United States ; for 
he saw that the new Republic was steadily growing, 
and that if nothing were done it might eventually 
absorb the territory of Louisiana. 

73. The Treaty of Madrid, 1795. — During the 
course of the year, however, a treaty made between 
Spain and the United States, upset all Carondelet's 
plans. The king of Spain, being at war with Eng- 
land, thought it a wise diplomatic measure to insure 
the neutrality of the United States by granting this 
power the privilege of navigating the Mississippi and 
of depositing goods at New Orleans for three years. 
At the end of this time, the term was to be extended 
or another place of deposit designated. This treaty 
was so satisfactory to the western States that Caron- 
delet found it useless to try to tempt them from their 
allegiance to their government."^ 

74. Gayoso de Lemos, Governor, 1797-1799. — 
However, under the next governor, Gayoso de Lemos, 
the intendant of customs, Morales, forbade the Ameri- 
cans of the western States to use New Orleans any longer 
as a place of deposit for their goods. This act created 
great indignation, but, fortunately, a new governor, 
Casa Calvo, was appointed in 1799, and as his inten- 
dant renewed the privilege, all went well for a while. 

75. Plans of Bonaparte. — The last year of the 
eighteenth century was to chronicle an important event 
in the history of Louisiana. The man that now pre- 

* The treaty of 1795, known also as San Lorenzo, settled an old 
boundary dispute between Spain and the United States in the inter- 
ests of the latter. 



8o HISTORY OF LOUISIANA 

sided over the destinies of France was Napoleon Bona- 
parte. To his fertile brain the idea suggested itself of 
inducing the King of Spain to give up that territory 
of Louisiana over which the lilies of France had once 
waved so proudly. It was soon discovered that the 
Spanish court was not unwilling to strike a bargain. 
Louisiana, as governed by the laws and the commer- 
cial regulations of Spain, had been no more successful 
as a colony than formerly under the French domina- 
tion. "^ Nor was it certain that the growing power of 
the United States might not encroach upon Louisiana 
and even threaten the Spanish possessions in Mexico. 
Hence his Catholic Majesty was inclined to consider 
any proposition that promised to place the strong arm 
of Napoleon as a barrier to protect Mexico. 

76. Louisiana Ceded to France. — When negotia- 
tions were opened, it was quickly agreed that if 
Napoleon would give up to the Duke of Parma, a scion 
of the royal house of Spain, that portion of Italy 
which was called the Duchy of Tuscany, f he should 
receive in return the whole territory of Louisiana. 
Accordingly on the ist of October, 1800, an agree- 
ment was signed at St. Ildephonso, of which the main, 
article declared: "His Catholic Majesty promises and 
engages to retrocede to the French Republic six 
months after the full and entire execution of the con- 



*Judge Martin, in his History of Louisiana, gives a striking con- 
trast between the expenses of Louisiana and those of North Carolina 
for the year 1785. In Louisiana every colonist cost the home govern- 
ment ^IGf^o'^o ^ year. In North Carolina, it was only 15 cents per 
capita, which amount was paid by the people themselves. 

f This duchy was to be erected into a kingdom and recognized by 
the powers of Europe. 



THE CLOSE OF SPANISH RULE Si 

ditions and stipulations herein relative to the Duke of 
Parma, the colony or province of Louisiana, with the 
same extent that it now has in the hands of Spain, 
and that it had when France possessed it, and such as 
it should be after the treaties subsequently entered 
into between Spain and other states." 

77 . Napoleon's Ideas. — Napoleon had purchased 
Louisiana as part of his great scheme of waging war 
with England. He believed that with this territory in 
his power, he could more easily attack the British 
possessions in Canada. But no sooner was the pur- 
chase concluded than he foresaw many difficulties. 
Chief among these was his conviction that if the 
English government learned of this new acquisition, a 
powerful fleet might be sent across the Atlantic ta 
seize the province. At the moment Napoleon felt 
himself unable to meet such an attack. For the 
present, therefore, he determined to keep his bargain 
with Spain a profound secret. In this he was skill- 
fully seconded by his Minister Talleyrand, who had 
cultivated the diplomatic art of keeping his own 
counsel. 

78. The Threat of Kentucky. — Let us return 
to Louisiana. In 1801 Casa Calvo had ended his 
short administration without accomplishing anything^ 
of note. To succeed him and govern until France 
should take possession, Spain sent over General Sal- 
cedo, who was the last Spanish governor of Louisiana 
(1801-3). In 1802, Morales, who had once more 
become intendant, issued a proclamation, denying the 
Americans the right of depositing their goods in New 
Orleans; he believed that to exclude the Americans 



S2 HISTORY OF LOUISIANA 

would render more profitable the king's trade with 
Louisiana.* This high-handed conduct brought the 
excitement in Kentucky to a fever heat. The people 
complained to the United States government of the 
injustice of Spain and asked for protection. ' 'The Mis- 
sissippi River, " so ran their remonstrance, * ' is ours by 
the law of nature. Our innumerable rivers swell its 
volume and flow with it to the sea. Its mouth is the 
only issue that nature has given to our rivers; we 
demand that our ships shall sail down to the sea. We 
allow the Spaniards and the French to sail up to our 
villages and towns; why should they deny us a similar 
privilege.'' If the privilege is denied us, we shall seize 
New Orleans and hold it. If the Congress of the 
United States will not guarantee us protection, we 
shall take such steps as our safety demands, even if 
we have to separate ourselves from the Union. No 
protection, no allegiance !" This was bold language 
for a State to use; but the bonds of the Union were not 
so closely knit in those days as they have come to be 
in our own time. 

*To deny the right of deposit was practically to exclude the Ken- 
iuckians from the trade of the Mississippi. 



CHAPTER XI 

THE BEGINNING OF THE AMERICAN PERIOD 

79. The Purchase of Lomsiana. — When the 
remonstrance of Kentucky was issued, Thomas Jeffer- 
son, who was then President of the United States, 
beheved that the wisest course to pursue was not war, 
but negotiation. He calmed the troubled spirits of 
the Kentuckians as well as he could, and when he 
learned that Louisiana had been transferred to France, 
he obtained the consent of the senate to send to Paris 
James Monroe, of Virginia, a distinguished diplo- 
matist, who was to join Robt. R. Livingston, the 
resident minister of the United States at the French 
court. Monroe and Livingston were instructed to 
open negotiations for the purchase of New Orleans. 
It soon became clear, however, that if a sufficient sum 
were offered, it would be possible to obtain not only 
New Orleans, but the whole of Louisiana. Napoleon, 
believing that in his approaching war with England, 
he might not be able to hold Louisiana, had decided 
to make a virtue of necessity. He would conciliate 
the American people by the transfer of his newly 
acquired province; at the same time the purchase 
money would help to replenish his exhausted treasury. 
The agreement was signed at Paris April 30, 1803. 
The price to be paid by the United States was $15,- 

83 



^4 HISTORY OF LOUISIANA 

000,000.* Thus the American government had 
acquired a vast fertile territory, embracing the whole 
western portion of the Mississippi valley, or nearly one 
million square miles, for about two and a half cents 
an acre. The area of the United States had been 
nearly doubled. 

80. The United States in Possession. — On the 
30th of November, 1803,^ the Spanish governor, 
Salcedo, with Casa Calvo as commissioner, made a 
formal transfer of Louisiana to M. Laussat, the 
colonial prefect appointed by Napoleon to receive the 
province. As the news of Jefferson's purchase had 
already reached New Orleans, this ceremony excited 
no enthusiasm. Twenty days later, Wm. C. C. 
Claiborne and General Wilkinson met Laussat in the 
Cabildo to complete the transfer of the province to 
the American government. In the old Place d'Armes 
(now Jackson Square) the tricolor of France descended, 
meeting the star-spangled banner at half-mast. Then 
the American flag rose to the top of the staff amid 
the strains of ''Hail Columbia." Thus, without being 
in any way consulted, the inhabitants of Louisiana 
saw themselves transferred from one power to another 
— the third time within the memory of a generation 
still living. The province seemed but a pawn on the 
chessboard of European diplomacy. The splendid 
future that it was to enjoy under the new r^egime 
appealed to but few of those that witnessed the cere- 
mony. The huzzas, says Martin, which greeted the 



* Of this sum i^S, 750,000 was to be paid to certain creditors of 
Prance in the United States. 



THE BEGINNING OF THE AMERICAN PERIOD 85 

elevation of the American flag, came not from the 
Creoles, but from a small group of Americans. 

81. The Boundary Question. — Until 1819 the 
boundaries of Louisiana were a subject of dispute 
between Spain and the United States. Nominally, 
the purchased territory extended from Canada to the 
Gulf of Mexico, and from the Mississippi to the Rocky 
Mountains, includmg to the east of the river the 
island upon which New Orleans stood.* In addition, 
however, the United States government claimed, as a 
part of the purchase, a portion of Oregon, that section 
of Florida lying west of the Perdido River, and the 
great province of Texas. Against these latter claims 
Spain entered a strong protest, and the dispute was 
not settled till a number of years later. Within our 
limits it is impossible to discuss the merits of this con- 
troversy. The truth seems to be that on account of 
the haste with which the purchase was concluded, the 
limits of Louisiana were left undetermined, t 

82. Division of the Territory. — In 1804 a divi- 
sion of the purchased territory was made by Congress. 
That portion lying north of latitude 33^ (the present 
northern boundary of Louisiana) was to constitute 
the District of Louisiana (afterwards called the Mis- 
souri Territory). The portion lying south of the 
Mississippi territory and of an east and west line, 



* As Bayou Manchac has been closed, New Orleans can hardly be 
said to stand on an island at the present day. 

f England, also, claimed a portion of the Oregon territory until 
1846. See "The Middle Period," by J. W. Burgess. For an excellent 
account of the southern boundary question, see article by Dr. B. A. 
Hinsdale, in Proceedings of American Hist. Association (1893). 



86 HISTORY OF LOUISIANA 

commencing at the river and extending to the western 
boundary of the cession, was to constitute the Ter- 
ritory of Orleans. In 1812 this latter portion, as we 
shall relate, became the State of Louisiana; hence 
from now on we shall occupy ourselves exclusively 
with its history. 

83. Form of Government Established. — For 
some years after the purchase of Louisiana the Cre- 
oles were far from contented with their new form of 
government. They thought the Territory of Orleans 
ought to be admitted into the union as a State. But a 
majority in Congress declared that a people who had 
long been accustomed to the despotic rule of Spain 
must serve an apprenticeship before they could be 
regarded as ready to adopt the free institutions of the 
United States. For one year, therefore, the inhab- 
itants were allowed no share in the government ; all 
power rested with a governor and a legislative council 
of thirteen, both appointed by the President of the 
United States. In 1805, however, a new form of gov- 
ernment, similar to that in the other territories, was 
granted. While the governor was still appointed by 
the President, the people were to elect every two 
years a legislative assembly of twenty-five members, 
and this assembly was to send on to the President the 
names of ten candidates, from whom he should choose 
an upper chamber of five members. This concession, 
however, did not allay the general dissatisfaction ; for 
the governor possessed a veto power which could not 
be overridden by a two-thirds majority of the legisla- 
ture, and which enabled him to defeat any law of 
which he did not approve. 



THE BEGINNING OF THE AMERICAN PERIOD 



87 




84. Claiborne, Governor of the Territory. — 
Wm. C. C. Claiborne, who had been appointed gov- 
ernor by Jefferson, was descended from an old Vir 
ginia family, and before he was sent to Louisiana, had 
been governor of the Terri- 
tory of Mississippi. Though 
his disposition was kind and 
conciliatory, and though he 
possessed considerable abil- 
ity as an executive officer, it 
was some years before he 
could overcome the preju- 
dices and win the love of the 
people. The Creoles com- 
plained that he did not speak 
the French language and 
v>^as ignorant of the charac- 
ter of the population he had 

come to govern ; while the new American settlers 
joined with the Creoles in maintaining that he had too 
much power. The newspapers of that day, the files 
of which still exist in the city hall of New Orleans, are 
filled with bitter and often malicious attacks on the 
chief executive ; but with a consciousness of rectitude, 
Claiborne declared that though the freedom of the 
press was subject to such abuses, the welfare of the 
country required that it should not be checked. 

85. Statistics for 1803."^'* — In 1803 the popula- 
tion of New Orleans was a little over 8,000, while in 
the rest of the Territory of Orleans, exclusive, of 
course, of the west Florida country, there were about 

*From Martin's History of Louisiana. 



GOVERNOR CI^AIBORNE. 



S8 HISTORY OF LOUISIANA 

32,000 inhabitants. For the year 1802, the products 
of the colony had been : 3,000 lbs. of indigo, (the 
cultivation of which was declining) ; 20,000 bales of 
•cotton, 300 lbs. each; 5,000 hhds. of sugar, 1,000 lbs. 
each; 5,000 casks of molasses, 50 gals. each. The 
rum or tafia, produced in the distilleries around New 
Orleans, filled 5,000 casks of 50 gals, each ; while 
the loaf sugar from the one refinery amounted to 
200,000 pounds. The produce shipped from New 
Orleans, consisted of flour, 50,000 lbs. ; tobacco, 
2,000 hhds. ; cotton, 34,000 bales, etc. The ordi- 
nary manufactures at this period were insignificant. In 
New Orleans they consisted chiefly of cordage, hair 
powder, vermicelli, and shot. In the country par- 
ishes, the Acadians wrought cotton into quilts and 
clothes, just as they do at the present day. 



CHAPTER XII 

IMMIGRATION : DISTRIBUTION OF THE POPULATION 

86. New Orleans Incorporated, 1805. — When 
the French took possession in 1803, the old Cabildo 
or Spanish council was abolished and Laussat 
appointed a city government for New Orleans. In 
1805, the city was regularly incorporated, and while 
the first mayor, James Pitot, was chosen by the gov- 
ernor, the inhabitants were empowered to elect a city 
council. As the territorial assembly was not elected 
until somewhat later, this was the first occasion on 
which the right of suffrage was ever exercised in 
Louisiana. 

87. Ne^v Elements. — New Orleans was in a form- 
ative state. American merchants, attracted by the 
opportunities for gain, were beginning to crowd into 
the city, which already boasted nearly 10,000 inhab- 
itants. From Cuba, also, there was considerable 
immigration, some thousands of planters having come 
over and brought with them their slaves. Germany 
soon began to contribute her bands of colonists. 
Many of these came as poor redemptioners ; that is, 
on their arrival, the captains of the vessels that had 
brought them sold them for a certain term of years to 
the planters or to the inhabitants of the city as inden- 
tured servants. Thus by their service they were 
enabled to pay the price of their passage across the 
ocean. As the redemptioners were often skilled arti- 

89 



k) 



HISTORY OF LOUISIANA 



sans, their coming was heartily welcomed. Moreover^ 
the arrival of this better class of labor kept down the 
price of negro slaves."^ The new elements, however, 
did not always harmonize with the old population in 
the growing city. The Creoles conceived a cordial 
dislike for the active energetic Americans, who threat- 
ened to crowd them to the wall in commercial affairs. 
Gayarre, himself a Creole, ventures the statement 
that the annual overflows of the Mississippi and the 
frequent epidemics of yellow fever were not unwelcome 
to the old Louisianians because these misfortunes dis- 
couraged the settlement of the Americans, t 

88. The Counties or Parishes. — After the ces- 
sion, the first divisions of the Territory of Orleans, as 
in the other Territories of the United States, were 
called counties. Of these there were twelve: German 
Coast, Acadia, Lafourche, Iberville, Pointe Coupee, 
Concordia, Attakapas, Opelousas, Rapides, Natchi- 
toches, Ouachita, and Orleans. As these counties 
were very large and the boundaries were undefined, a 
further division became necessary, and in 1807 the 
legislature divided the territory into nineteen districts. 
These districts, following the lines laid down by the 



* Subsequently some of these redemptioners became worthy and 
honorable citizens. Among them may be cited Christian Roselius, 
who, having won fame at the New Orleans bar, at one time occupied, 
a chair in the University of Louisiana. See "History of Redemp- 
tioners," by J. Hanno Deiler. 

f Such was the conservatism of the old inhabitants that Augustia 
Macarty, a Creole, while he was Mayor of New Orleans, gave orders 
that the first cargo of ice brought to the city should be thrown inta 
the Mississippi, for fear cold drinks in summer would affect throats 
and lungs, and produce consumption. 



immigration: distribution of the population 91 

church in its ecclesiastical divisions, were called 
parishes, and were named in many instances after 
catholic saints. The name of county was gradually 
dropped, and at the present day Louisiana is the only 
State of the union which employs the word parish for 
its political divisions. 

89. The Parishes, 1803-1810. — Outside of New 
Orleans there were no towns of any importance. At 
Galvezton, founded on the Amite in honor of Governor 
Galvez, there were still some houses, but no pros- 
perity. Under the same governor St. Bernard parish 
had received a large number of settlers from the 
Canary Islands — the so-called Islenos or Islanders. 
Provided by the government with whatever was neces- 
sary to begin farm life, they found hunting, fishing, 
and cattle raising more profitable than the cultivation 
of the soil."^ At New Iberia there was also a settle- 
ment of Islenos, but it was scattered over several 
plantations. Even Natchitoches, the oldest town in 
the State, did not at this time rise to the dignity of a 
hamlet. In West Florida, however. Baton Rouge 
was increasing rapidly in population, and the cotton 
plantations in its vicinity were very successful. But, 
though the towns of the territory were inconsiderable, 
there were many prosperous districts in the country 
parishes. The most enterprising of these was that of 
the Germans (descendants of Law's settlers) sixty 

*Here the Islafiders live to the present day, many of them in 
simple palmetto huts. They speak a corrupt Spanish. They are a 
kindly people, but, for the most part, very ignorant and primitive. 
Some of them, however, have been educated and have risen to high 
official position in the State. Cf. Fortier's "Louisiana Studies." 



92 HISTORY OF LOUISIANA 

miles above the city. Doing their own work and 
owning but few slaves, these Germans had made their 
settlement on the river so successful that it became 
known as the Golden Coast {cote d^ or). They raised 
some sugar, many cattle, and brought fresh farm prod- 
ucts of all kinds to New Orleans. 

90. Acadians. — Above the Germans on the river 
were the Acadians, who were less prosperous and lived 
poorly. However, they were happy and well con- 
tented with their humble lot. They wove their excel- 
lent Acadian cloth, which they dyed with indigo. 
Their crops were small ; but they sent quantities of 
chickens and hogs to the city market. ^'' 

9 I . Prairie Country. — To the west of the Acha- 
falaya were the Attakapas and Opelousas districts, a 
beautiful prairie country, where the population was 
increasing and where each year brought rich harvests. 
To these parishes many settlers had come from the 
United States, and with their industry and thrift had 
set a good example to the less active Creoles, who, as 
a traveler of that time tells us, delighted too much in 
smoking, boating, and hunting, and disliked regular 
occupation. Many cattle were raised. The cultiva- 
tion of sugar was already beginning, but the chief crop 
was cotton. 

92. Red River. — The first settlement on the Red 
River was in Avoyelles, sixty miles from the river. 

f 

* While the majority of the Acadians have remained unlettered, 
many of them have sought the advantages of education and have 
risen to high dignity in the government of the Stale. They preserve 
their language (a corrupt French) and their primitive customs with 
wonderful tenacity. 



immigration: distribution of the population 93 

The population was partly Creole and partly American. 
Corn and cotton were the staple products, though 
much attention was paid to the raising of cattle and 
swine. Above Avoyelles on the river there were 
other scattered settlements, but they were chiefly 
trading posts. Here the inhabitants kept up an active 
commerce with the Indians, who brought peltry to 
exchange for the products of civilization. In these 
settlements the population seems to have been com- 
posed largely of American immigrants from across the 
Mississippi. 

93. The Indians. — The Indians in the territory 
were chiefly scattered tribes. Bands of Attakapas, 
Opelousas, Tunicas, Tensas, etc., were still to be 
found. But the most formidable of all were the 
Choctaws, nearly 5, 500 of whom were distributed over 
the country from Mobile to the Sabine. These Indians 
had learned from the whites to use "firewater," and 
when drunk they were often extremely dangerous. 
Especially in the parishes that were remote from the 
capital, their depredations had proved a serious 
menace to the peace of the settlers and had even 
caused the desertion of several farms. For the most 
part, however, the Indians were no longer a source of 
danger to the inhabitants. They lived by hunting and 
the fur trade, or hired themselves to the colonists as 
boatmen on the Mississippi.^ 

^ The Indians are not yet extinct in Louisiana, though the number 
surviving is only about seven hundred. 



CHAPTER XIII 

STIRRING EVENTS. STATEHOOD 

94. The Burr Plot. — In 1807 there was great ex- 
citement in New Orleans over the so-called Burr plot. 
Aaron Burr had been vice-president of the United 
States; but having killed in a duel the distinguished 
statesman, Alexander Hamilton, he found himself very 
unpopular in the east. Proceeding to Kentucky, he 
surrounded himself with a number of adherents, whom 
he charmed with his fascinating manners, and, it is 
said, with bold schemes for a separation of the western 
country from the United States government. His 
enemies declared that he also intended to invade 
Mexico, conquer that country, and make New Orleans 
the capital of his possessions. Burr himself affirmed 
that he intended nothing more than the settlement of 
a large tract of land that he had purchased on the 
Ouachita, in Louisiana. However, measures were 
immediately taken by the United States government 
to circumvent any of his schemes that might prove 
treasonable. General James Wilkinson placed New 
Orleans under martial law, arrested all whom he sus- 
pected of being Burr's agents, and refused to surren- 
der them on writs of habeas coi^piis. Such conduct 
aroused great opposition ; for it was believed that 
there was no occasion for these arbitrary proceedings. 
Finally, however, news came that the President of the 
United States had issued a proclamation against Burr. 

P4. 



STIRRING EVENTS. STATEHOOD 95 

Soon after he was arrested in Mississippi and sent on 
to Richmond for trial. Thus all his schemes, the 
nature of which has never been clearly known, came 
to nought, and the excitement in New Orleans grad- 
ually died away. ^ 

95. The Baton Rouge Revolt, 1810.— The claim 
of the American government to West Florida had 
never been recognized by Spain, and up to the year 
i8io^ the territory had remained in the hands of the 
latter power. In the Baton Rouge district of Florida, 
however, the settlers were for the most part Amer- 
icans. Discontented under the Spanish rule, these 
settlers, together with some of the old inhabitants, 
determined upon the capture of the Spanish fort at 
Baton Rouge, which at this time (1810) was feebly 
garrisoned. The officer in command was Colonel de 
Grandpre, acting under the orders of Governor de 
Lassus. The Americans, under Philemon Thomas, 
being far more numerous, had an easy victory. The 
gallant De Grandpre, who might have surrendered 
with honor, was shot down at the head of his garrison, 
while De Lassus was taken prisoner. The victors 
established an independent government under the 
title of the Commonwealth of West Florida, and 
at the same time expressed a desire to be admitted 
into the American Union. The proclamation of the 
President, far from recognizing the bold suggestion of 
a new Comm.onwealth, promptly ordered Governor 
Claiborne to take possession of West Florida in the 
name of the United States government. Two years 

* As no treasonable action could be proved against Burr he was set 
at liberty, and he died in poverty and obscurity. 



96 HISTORY OF LOUISIANA 

later, when the Territory of Orleans was admitted as 
a State, that portion of West Florida lying between 
the Mississippi and Pearl River was declared by Con- 
gress to be a part of Louisiana. This decision settled 
the eastern boundary of the State. 

96. Slave Insurrection, 1811. — The year 1 8 11 was 
marked by one of those terrible insurrections which 
seem to have been a necessary result of the institution 
of slavery. The blacks, plotting among themselves, 
determined to march down, 500 strong, from St. John 
the Baptist Parish, gather recruits on the way, and try 
to capture New Orleans. To the chant of barbaric 
songs and to the beating of drums, they proceeded 
down the banks of the Mississippi, scattering the ter- 
rified planters before them. When they approached 
New Orleans, however, they were confronted by the 
disciplined troops of the United States under General 
Wade Hampton, and were quickly dispersed. The 
execution of the ringleaders checked such uprisings 
for many years afterwards. 

97. The State of Louisiana, 1812. — As the num- 
ber of inhabitants in the Territory of Orleans had 
now risen to 75,000, there was no longer any valid 
excuse for denying it the privilege of drawing up a 
constitution and entering the Union as a State. It is 
difficult for us at the present day, however, to under- 
stand the bitter feeling aroused in the Congress of the 
United States by the proposal to grant this Territory the 
rights of Statehood. The discussion waxed hot. The 
opponents of the bill declared that to admit a Territory 
peopled largely by French and Spanish Creoles, would 
be injurious to the interests of the Eastern States. 



STIRRING EVENTS. STATEHOOD 97 

No sympathy could exist between the representatives 
of the proposed State and those of the older common- 
wealths. During the debate a distinguished repre- 
sentative from Massachusetts, Josiah Quincy, used 
these memorable words: * 'If this bill passes, the bonds 
of the Union are virtually dissolved; the States that 
compose it are free from their moral obligations, and 
as it will be the right of all, so it will be the duty of 
some, definitely to prepare for a separation, amicably 
if they can, violently if they must." In spite, how- 
ever, of this threatening language, the bill was passed 
by Congress, authorizing the calling of a convention in 
New Orleans to frame a Constitution. When this 
Constitution had been approved by Congress an act 
was passed (April 8, 1812), admitting the Territory of 
Orleans into the Union under the title of the State of 
Louisiana. 

98. Claiborne Elected Governor. — The governor 
chosen by the people of the new State was Wm. 
C. C. Claiborne (18 12-16), the former governor of the 
Territory — a choice which must have been for that 
official a gratifying testimonial of the esteem in which 
he was now held by the people whom he had already 
governed for eight years. 

99. The First Steamboat (1812). — The first month 
of the year 1812 witnessed an important event. Up 
to this time it had been necessary for a vessel to con- 
sume ten or fifteen days in ascending the river from its 
mouth to New Orleans, a distance of 107 miles. But 
now a new order of things was to supplant the old; for 
a steamboat, the first ever seen in southern waters, 
descended the Mississippi from Pittsburg to New 



g HISTORY OF LOUISIANA 

Orleans. As this steamboat was the pioneer of others, 
traffic on the river received a great impetus. Quick 
transportation made agriculture a more prohtable 
employment than ever before. The shipment of gram 
from the western States through the port of New 
Orleans, though far from reaching the proportions of 
the present day, was soon an important item in the 
commerce of the State. Moreover the establishment 
of rapid communication on the river helped to bring 
the people of the State into closer relations with one 
another, and to produce a unity of feeling and thought. 



CHAPTER XIV 

THE WAR OF 1812-I5 

1 00. Preparations. — The clouds of war, however, 
were already threatening to darken the bright pros- 
pects of the young State. The high-handed conduct 
of England in interfering with our commerce, and 
above all in seizing American sailors under the plea 
that they were English born, had forced our govern- 
ment to declare war. The details of the conflict in 
other parts of the Union cannot be given here. It 
was not till the third year of the war that Louisiana 
herself was threatened. The object of the British then 
was to seize New Orleans as the key of the Mississippi 
valley, and afterwards to proceed to invade the valley 
itself. As soon as this intention became clear. General 
Andrew Jackson was dispatched to the south to meet 
the invaders with such troops as he could procure. 
After driving the English out of Pensacola, Jackson 
moved his headquarters to New Orleans (December i, 
1814). 

101. The Baratarians. — The invasion of Louisi- 
ana had been kept by the English a profound secret, 
but the whole scheme had been betrayed to Claiborne 
by their efforts to win over to their side the famous 
smugglers of Barataria. It will be necessary briefly 
to explain the circumstances. On the southern coast 
of Louisiana there is a large bay known as Barataria. 
It is protected from the storms of the gulf by a small 

LofC. 



jOO HISTORY OF LOUISIANA 

island called Grande Terre. On the inner side of this 
island a number of smugglers or privateers had erected 
a fort called the Temple, whither they brought the 
proceeds of their depredations on Spanish commerce. 
At the head of these men was Jean Lafitte, a former 
blacksmith of New Orleans, who had given up the 
occupation of shoeing horses for the more hazardous, 
but more profitable profession of capturing Spanish 
vessels and selling their rich cargoes through his agents 
in New Orleans. Claiborne viewed these violations 
of the custom house laws with no favorable eye, but 
he found it hard to convince the inhabitants of New 
Orleans that smuggling was a crime. The severe 
custom duties of the Spanish regime had led many 
even of the better class of citizens to evade the laws 
whenever the profits were large and detection uncer- 
tain. Nevertheless Claiborne proclaimed Jean Lafitte 
and his associates to be dangerous outlaws. Finally, 
Pierre Lafitte, a brother of the smuggling chief, 
having been arrested, was thrown into the calaboose 
in New Orleans. 

102. The Baratarian Settlement Destroyed. — 
At this very time, the British, wishing to obtain the 
co-operation of the Baratarians, sent a deputation to 
wait on Jean Lafitte, promising him the grade of cap- 
tain in their army and the sum of $30,000, if he would 
desert the government that had branded him as an 
outlaw and aid in the invasion of Louisiana. Lafitte's 
patriotism, however, was proof against such induce- 
ments. He immediately wrote to a member of the 
Louisiana legislature, disclosing all the plans of the 
British and asking to be allowed to fipht in defence of 



THE WAR OF 1812-I5 lOI 

his State. A committee of officers having been called 
together by Claiborne to consider this proposition, 
decided with hardly a dissenting voice to have no 
dealings v^ith the smugglers, and even to reward the 
generous offer of Lafitte by sending an expedition to 
exterminate him and his pirate crew. This was done. 
A large force under Commodore Patterson and 
Colonel Ross, of the United Seates navy, proceeded 
to Barataria Bay, where, though Lafitte escaped, the 
settlement was broken up and a rich booty fell into 
the hands of the raiders. 

103. Lafitte Visits Jackson.— When General 
Jackson reached New Orleans, Lafitte, still unshaken 
in his allegiance to his own government, visited him 
and again proffered his services and those of his 
lieutenants for the defence of New Orleans. Jackson 
had heartily approved of Claiborne's expedition, and 
in his usual vehement manner, had denounced the 
smugglers as "hellish banditti." Nevertheless, when 
he saw Lafitte, and heard his offer of assistance, he 
seems to have changed front. He promptly placed 
Lafitte, Dominique You, and other Baratarians in 
charge of important defences, and some of them 
commanded batteries on the field of Chalmette. 
Here they won not only high praise from Jackson for 
their martial skill and bravery, but also a full pardon 
for the past from the United States government. 

1 04. Defences. — It hardly surprises us that Jack- 
son should have accepted the assistance of these buc- 
caneers when we learn the defenceless condition of 
Louisiana at the time of the invasion. With its 
numerous water courses the State was exposed to 



102 HISTORY OF LOUISIANA 

attack on several sides, while the United States 
government seems to have neglected to strengthen 
Jackson's hands by placing at his disposal sufficient 
munitions of war. Jackson, however, was not dis- 
couraged. His presence in New Orleans inspired 
Creoles and Americans alike with the greatest energy 
and enthusiasm. Preparations for the coming con- 
flict went on by day and night. Latour, an engineer 
on Jackson's staff, testifies that the people of the 
State were as cheerful as if preparing for a holiday 
excursion. After reviewing the State militia, Jackson 
visited the various ports on the river and the lakes, 
strengthening the defences by the erection of batteries 
and closing the bayous leading into the interior. 
Only one of these bayous seems to have been neg- 
lected. This was Bayou Bienvenu, through which it 
was possible to send boats from Lake Borgne to the 
plantations lying below the city. The failure to close 
this bayou, which was doubtless a pure accident, led 
directly to the Battle of New Orleans. 

t05. The Landing of the British.— The first 
hostile act of the British was to overcome a small 
American fleet which, under Lieut. Ap Catesby Jones, 
was guarding Lake Borgne. Then, having discovered 
the unprotected bayou, they landed a number of boats, 
and rowing along through the high reeds which con- 
cealed so well their designs, they finally reached firm 
land near the plantation house of General Villere. 
Surrounding this, they captured all the inmates. 
Major Villcrc, the general's son, however, jumped 
through a window, and though fired upon by the 
British guard, made good his escape to New Orleans. 



THE WAR OF 1812-I5 IO3 

106. The Attack of December 23d. — When 
Jackson learned of the approach of the enemy, he 
ordered out all his troops, and swore ' ' by the eternal ' ' 
that the British should not sleep that night on Loui- 
siana soil. He made good his oath. In the mean- 
time the British had encamped some miles below the 
field of Chalmette. Here, as soon as it was evening, 
fires were lighted, and the neighboring houses were 
robbed of fowls, hams, and wines to furnish forth their 
supper. Suddenly a large vessel was seen creeping 
down the Mississippi. It was growing dark and in 
the twilight the British at first thought one of their 
own cruisers was approaching, but disappointment 
quickly followed when the vessel opened fire on their 
camp with grape and canister, and a rough voice on 
board cried: "Now, my lads, load again, and give 
those 'tarnal Britishers another round of grape." 
Then followed a scene of wild confusion. The camp 
fires were hastily extinguished, and as the deadly grape- 
shot began to fall, shrieks and groans arose on every 
side, while those that were able rushed to the levee 
for protection. Hardly had they reached this shelter 
when the sharp firing of pickets announced that the 
Americans under Jackson had attacked the camp on 
the land side. In terrible straits, but not disheartened, 
the British hastily formed their ranks and rushed for- 
ward to the conflict. The vessel on the river was now 
compelled to remain silent. 

1 07. The First Battle. — The Americans, inspired 
by Jackson's presence, threw themselves upon the 
enemy in a hand-to-hand conflict. For two hours or 
more, by the light of the moon partially obscured, the 



jQ. HISTORY OF LOUISIANA 

fighting continued. The armies were split up into 
small attacking parties, which often found it impos- 
sible to distinguish friend from foe. Finally Jackson, 
who had only 2, 131 men on the field, learned that the 
British were bringing up reinforcements from the 
bayou. He determined, therefore, to withdraw his 
forces. He had lost in prisoners, wounded, and killed, 
213 men, while the enemy, who before the contest 
was over had about 2,200 men on the field, had lost 
400. When the English returned to their camp, 
they were afraid to relight their fires, for the American 
vessel still held her threatening position on the river 
and the fires would enable her to direct her guns. 
Shivering in the cold, they passed a night of vigil. 

1 08. Result of the First Conflict. — Instead of an 
easy conquest of New Orleans, which they had been 
led to expect, instead of the Creoles deserting to them 
as they had presumptuously hoped, they had met with 
a decided repulse. No advance could now be made 
until more troops and some heavy artillery were 
brought up from the fleet; for the American vessel 
must be dislodged from her position by a battery on 
the river bank. If the British, after their landing, 
had marched rapidly on New Orleans, the city would 
most probably have fallen into their hands. Now 
Jackson had leisure to prepare for them. Fortifying 
an old canal on the field of Chalmette, he stretched 
his breastworks from the river to a cypress swamp on 
the left. This swamp the British afterwards attempted 
to penetrate, but declared it was impassable. Hence 
Jackson's position was the best that could have been 
selected. 



THE WAR OF 1812-I5 IO5 

i09. Pakenham in Command. — On the 25th 
(Christmas day) General Pakenham, brother-in-law of 
the Duke of Welhngton, arrived as commander-in- 
chief of the British army. Planting a battery on the 
levee, he succeeded in setting the American vessel on 
fire with hot shot and thus forced her crew to dosert 
her. During the next few days he engaged in two 
artillery battles with the Americans; but the victory 
rested with the latter, who proved themselves such 
excellent gunners as to extort praise even from their 
enemies.* 

I 10. Renewed Preparations. — Both sides now 
received reinforcements. Jackson's army had been 
formed from a strange mingling of Louisiana Creoles, 
of Frenchmen living in Louisiana, of Mississippi and 
Tennessee militia, of free-men-of-color, and of United 
States marines. He was now strengthened by troops 
from the Acadian coast, from Baton Rouge, and from 
Kentucky, until he had 3,600 men behind his breast- 
works and 800 Mississippi cavalry and Attakapas 
dragoons to serve as a rearguard. Across the river, 
nearly opposite to his line, Jackson had placed General 
Morgan, with some Louisiana and Kentucky troops, to 
defend the right bank. On the British side. General 
Lambert had arrived with additional troops, swelling 
the British army to 8,900 men — a force just double 
that of the American general. 

III. The Battle of January 8, 1815. — Paken- 



* During these battles, the English used barrels of sugar to 
strengthen their batteries, while Jackson used cotton bales for the 
same purpose. Thus cotton was pitted against sugar, and the former 
■won the day. 



j06 HISTORY OF LOUISIANA 

ham saw no other chance of victory than to attack 
simultaneously on the two sides of the river and to 
carry the breastworks by storm. The day chosen 
for this supreme effort was January 8th. Every- 
thing seemed ready by the night of the 7th, and 
on the following morning two rockets went up 
from the British camp as a signal for the conflict. 
These were clearly seen by the Americans, who 
made their preparations to give the red-coats a 
warm reception. The English commander had 
ordered Colonel Muggins of the 44th to furnish his 
men with fascines or bundles made of sugar cane 
and with ladders. Throwing these fascines into the 
canal in front of Jackson's breastworks, they were to 
scale the embankment with the ladders. But Muggins 
seems to have wilfully neglected these orders, for his 
men appeared upon the field without the necessary 
implements. When Pakenham learned this, he im- 
mediately ordered Muggins to fall back and get them, 
but it was too late. The mist that hung over the field 
had suddenly vanished; so that the advancing columns 
of the British were a target for the Tennessee riflemen 
and for the gunners at the batteries. Fire and shell 
belched out from every gun. " Stand to your guns, " 
cried Jackson, who seemed to be everywhere; " don't 
waste your ammunition; see that every shot tells." 
His riflemen hardly showed their heads as they raised 
their firelocks above the breastworks and dealt out 
death to their assailants. The field on which the 
British were advancing was literally furrowed by the 
terrible fire of the cannon. No men, however brave, 
could overcome such odds. To make the position of 



THE WAR OF 1812-I5 lO/ 

the English still more critical, the American battery 
on the other side of the Mississippi was now throwing 
a cross fire into the British columns. Pakenham him- 
self was struck three times, the last time fatally, and 
beneath the branches of a neighboring oak he expired. 
The gallant command of General Keane, which num- 
bered 900 men, was almost swept away, only 130 
being left alive.* At two o'clock in the afternoon two 
thousand British soldiers lay dead upon the field of 
Chalmette. Jackson had lost only eight killed and 
fourteen wounded. An armistice of two days was now 
agreed upon to bury the dead. Shallow pits were dug, 
in which the British soldiers were hurriedly laid to rest. 
The bodies of Pakenham and of several other officers 
were sunk in barrels of rum to be transported to Eng- 
land. On the other bank of the river, Colonel 
Thornton, though he arrived too late to seize the 
American battery and turn it against Jackson's line, 
was yet successful in putting General Morgan's troops 
to flight. When, however, he heard of Pakenham's 
defeat, he retired down the river and rejoined the de- 
feated army. 

I 12. Retreat of the British. — About a week 
later, when they learned that their fleet had been 
unable to pass the forts on the river, the English 
broke camp, and cautiously stole away to Lake Borgne. 
The trained troops of England, which had won vic- 
tories in the Spanish campaign against the armies of 
Napoleon, and which under General Lambert were to 
join a few months later in winning the great battle of 

♦Compare the famous "Charge of the Six Hundred," at Bala- 
clava, by Tennyson. 



jo8 HISTORY OF LOUISIANA 

Waterloo, had been defeated by the undisciplined 
militia of the Southern States. 

1 1 3. The Victory Celebrated. — In New Orleans 
the issue of the great battle had been awaited with 
much trepidation. It was whispered that the watch- 
word of the British was "Booty and Beauty," and 
that if New Orleans should fall into their hands, it 
would be ruthlessly sacked. Many declared that if 
the grim old Commander Jackson were forced to 
evacuate the city, he would destroy it rather than 
allow the enemy to take possession. Imagine then 
the joy of the inhabitants when a swift courier galloped 
through the streets, shouting : * ' Victory ! victory I 
Pakenham is defeated ! Hurrah for Jackson ! " On 
the 2ist of January Jackson issued a proclamation, 
praising the skill and bravery of the soldiers that had 
fought under him. All received their meed of praise 
— the Kentuckians, Mississippians, and Tennesseeans, 
who had left their homes to defend Louisiana; the 
Creoles, who had never for a moment wavered in 
their loyalty to the United States government; the 
Baratarians, who had redeemed their reputations on 
the field of Chalmette, and the free-men-of-color, who 
had shown no less fortitude than the whites. A few 
days later the Place d'Armes was the scene of a 
splendid ceremonial, during which the General, 
crowned with laurel, marched at the head of a grand 
procession to the cathedral to listen to a Te Deiun in 
hon(jr of his victory. 

114. The End of the War.— On the 13th of 
February, more than a month after the battle, Jack- 
son was notified, by the admiral of the British navy. 



THE WAR OF 1812-15 IO9 

that news had arrived of a peace signed between the 
United States and England at Ghent on the 24th of 
December.^ Had the ocean cable, which now con- 
nects all parts of the civilized world, been laid at this 
time, the battle of New Orleans would never have been 
fought. Yet the battle was not fought in vain. The 
heroism of the English on that fatal day and the brave 
conduct of Jackson's men created a mutual respect 
that has never ce ased to influence the two peoples. 

* As the official news of the peace was slow in rea"^hi^^kson (it 
took twenty-two days for it to reach Washington), he kept New Or- 
leans under martial law for mo^e t^ian two months after the battle 
and even banished from the city a, district- judge, who had displeased 
him. For this he was afterwards summoned before the same judge 
and fined ^1,000. This sum the general promptly paid- but thirty 
years later, it was returned to him by the United States goveriiment. 
In 1828 and again in 1832 he was elected President of the United 
States. 



CHAPTER XV 

A PERIOD OF DEVELOPMENT 

I ( 5. New Objects of Interest. — Though we men- 
tion with pride the splendid record of the State at the 
Battle of New Orleans, it is with no less pride that we 
turn to the development of Louisiana in the succeed- 
ing years. "Peace had her victories no less than 
war." The subjects of our narrative will now be the 
growth of the population, the improvement in business 
facilities, the progress of agriculture, the political 
forces that were at work in the State, and the spread 
of popular education. 

I 16. The Close of Claiborne's Term. — When 
the term of Claiborne as governor expired, he was suc- 
ceeded by General James Villere, a distinguished 
Creole (1816-20). Before leaving office Claiborne 
bore witness to the prosperous condition of agriculture 
and commerce, recommending, however, that the 
plantations should be protected by better levees. He 
criticised unfavorably the criminal laws then existing, 
declaring that the penalties were not proportioned to 
the offences. The object of the laws, he added, was 
to prevent crimes rather than to punish them ; that 
certainty and celerity in laws are always more desir- 
able than severity— wise maxims that are too often 
neglected in our own day. 

I I 7. Growth of Population. — The growth of the 
population during this period was wonderful. The 



A PERIOD OF DEVELOPMENT III 

opportunities for the rapid accumulation of fortunes 
attracted speculators and adventurers, not only from 
the rest of the Union, but even from foreign countries. 
From the Louisiana GaBette of the year 1825, we 
learn that planters from Virginia, North Carolina, 
Georgia, and Alabama, recognizing the superior 
advantages of the Louisiana lands, were crowding 
into the State with their slaves. Fine woodlands in 
the Opelousas, Attakapas, and Natchitoches districts 
could be bought at from two to five dollars an acre. 
Town after town in the country parishes was incor- 
porated, and the port of New Orleans kept pace with 
the prosperity of the interior.* 

I 18. Bancomania. — The prosperity, however, 
was not unalloyed. Political economists hold that 
the rapid increase of wealth is likely to lead to reck- 
less speculation, which in turn leads to financial 
panics. Louisiana was no exception to this general 
principle. The growing business of the State 
demanded a number of banks in New Orleans. In the 
annals of this period frequent mention is made of the 
incorporation of such institutions, each with a capital 
ranging from two to four millions. The State fre- 
quently made itself a partner in these enterprises by 
subscribing to a large amount of the stock. In order 
to compete with each other, these banks began to lend 
money on all kinds of so-called securities— especially 
land and slaves. In our day state banks are pre- 

* In 1812 the population of the State was about 75,000, of whom 
one half were slaves ; in 1820 it was 153,407 ; in 1830, 215,000 ; in 
1840, 350,000 ; and in I860, 708,000. New Orleans in 1830 46 000 • 
in 1840, 102,000. 



112 HISTORY OF LOUISIANA 

vented from issuing paper money by a heavy Federal 
tax; but, at this time, such money, though it was not 
a legal tender, was issued freely and was presumably 
secured by specie in the vaults of the banks. The 
planters, borrowing freely from these banks, began to 
increase the expenses of living. Their extravagance 
in the decade of 1830-40 would have been ruinous 
unless the profits of agriculture had been enormous. 
Cotton and sugar both brought high prices, however, 
and there followed what are termed the " Flush 
Times " of Louisiana.^ Gambling on the Mississippi 
and in New Orleans was conducted on a grand scale. 
Lottery companies were incorporated by the legisla- 
ture to aid educational and charitable institutions, and 
even to pay off the debts of a church in New Orleans. 
I i 9. Panic. — Speculation was in the air. Prop- 
erty around New Orleans rose in value until tracts of 
swamp land upon which no human being could live 
brought their owner a fortune. The crisis was not far 
off. Throughout the United States at this period, 
there was a general inflation of values ; everybody 
was anxious to get rich by speculation. Just then, 
the government at Washington under Jackson, and a 
little later under Van Buren, thought it wise to require 
that all debts due the government should be paid in 

*The number of sugar plantations in 1803 had been only 75; but in 
1833 it had risen to 700, with an invested capital of fifty millions. In 
1837, however, the price of cotton was eighteen cents a pound, and 
as a new tariff had lowered the price of sugar, one hundred and sixty- 
six plantations of sugar were turned into cotton fields. Thus in 1837 
Louisiana produced 225,000 bales. This change from one staple to 
the other seems to have been continued according as the tariff 
affected prices. 



A PERIOD OF DEVELOPMENT II3 

gold and silver instead of paper money. This action 
precipitated the panic that was bound to come in any 
case. The paper money, when it lost popular confi- 
dence, was worthless unless it could be immediately 
redeemed in specie. This the banks were unable to 
do ; for they had issued large quantities of paper 
money, and had often lent out from their vaults the 
specie held for redemption. In 1837, fourteen banks 
of New Orleans suspended in one day, only two con- 
tinuing to redeem their notes. In 1839 they all sus- 
pended. A panic ensued, in which business was ham- 
pered, and many fortunes were wrecked. Luckily, 
however, the country was rich in resources, and after 
a few years of struggle the crisis was successfully 
passed. At the same time the State learned a severe 
lesson from its experience in subscribing to and guar- 
anteeing the stock of ' ' wild-cat ' ' banks ; for its 
liabilities in 1839 amounted to twenty-three millions 
of dollars."^ 

*No detailed account can be given here of the worthy gentlemen 
who filled the gubernatorial chair between the years of 1820 and 1860. 
They all seem to have had the welfare of the State at heart, and to 
have devoted their best energies to its advancement. Their names 
with their dates are appended: — 

Thos. B. Robertson 1820-21. He resigned before the end of his 
term, which was completed by H. S. Thibodaux, president of the 
senate. 

Henry Johnson 1824-28. 

Peter Derbigny 1828-29. Derbigny was killed by a fall from his 
carriage, and was succeeded by A. Beauvais (1829-30), until the 
meeting of the Legislature, and then by Jacques Dupre, 1830-31. 

A. B. Roman 1831-35. 

E. D. ^/^/V^] 835-39. 

A. B. Roman (2nd term), 1839-43. 

Alex, Mouton ] 843-46. 



114 



HISTORY OF LOUISIANA 



120. Signs of Progress. — After the year 1830 
much activity was shown in the building of railroads, 
the first completed being the Pontchartrain line, con- 
necting New Orleans with Milneburg. This little road, 
upon which traffic still continues, is one of the oldest 
in the United States. New Orleans, moreover, ex- 
tending beyond her old narrow boundaries, saw her 
levees crowded with hundreds of vessels come to bear 
away the products of the State. The streets of the city 
were no longer to be dimly illuminated by flickering 
lamps; for in 1834, gas was introduced. Theatres, 
also, in the American quarter were now built, and the 
city began to wear a more festive air at night than 
ever before. Better illumination doubtless had much 
influence in checking the increase of crime. Unfor- 
tunately, however, there was practically no quarantine 
system, and the city was subject to the ravages of 
yellow fever and even of cholera. 

121. Sugar Refining. — We have seen that in 
1796 Etienne de Bore was successful in the granu- 
lation of sugar, achieving for himself both fame and 
fortune. But until the adrftinistration of Governor 
Roman, 1831-35, Louisiana had failed to discover the 
proper method of refining sugar. Then, however, 
several prominent planters, among whom were Valcour 
Aime and Thomas Morgan, determined to remove this 
reproach from the State. With large means at their 
command, they purchased the best chemicals and the 
most improved machinery, and began their experi- 
ments. Their success was remarkable. From the 



Isaac Johnson I84G-50. Paul Hebgrtl^o^-bQ. 

General Joseph Walker 1850-53. R. C Wickliffe 1856-60. 



A PERIOD OF DEVELOPMENT 



115 



year 1834, Valcour Aime produced clarified, stamp, 
and loaf sugar directly from the vegetable juice ; and 
from the year 1840, when he first used bone-black 
filters, his sugar was perfect in purity, color and cry- 
stallization. On his own plantation Aime produced 
340,000 pounds a year, which when refined brought 
him from twelve to fourteen cents a pound. With an 
income of $100,000 a year, he lived on his great estate 
like a feudal baron, surrounded by every luxury that 
money could procure. His lavish entertainments 
showed a royal hospitality, while his benefactions to 
churches and colleges made his name famous through- 
out Louisiana. His success was typical of this period. '^ 



*Cf. Sketch of Valcour Aime, by Alcee Fortier, in New Orleans 
Sugar Report, 1896. 



CHAPTER XVI 

THE NEW CODE. POLITICAL AGITATION 

122. The Civil Code. — As early as the year 1804 
an attempt was made to improve the laws of Louisi- 
ana. Two lawyers, James Brown and Moreau-Lislet, 
were appointed to draw up a civil code. This code, 
which was modeled after the Roman law as laid down 
in the French code or code Napoleon, was revised and 
remodeled in 1827 by Moreau-Lislet, Pierre Derbigny, 
and Edward Livingston, three of the ablest jurists that 
have ever lived in Louisiana. It continued in use till 
the year 1870, when the present revised code was 
framed. Unfortunately, however, many of the old 
Spanish laws, being left unrepealed, continued in force, 
and as few lawyers were well acquainted with them, 
there was for a time much confusion in the courts of 
justice. The civil code, as it exists in Louisiana, is 
found in no other State of the Union. It has been 
declared by competent judges to be a miodel of sim- 
plicity; for it may be easily understood by those who 
are destitute of legal training. For the sake of uni- 
formity some attempts were formerly made to bring 
the Louisiana law into accord with that of the other 
States; but the people preferred to cling to the old 
code. 

1 23, The Common Law. — It is generally believed 

that what is called the common or unwritten law of 

England is not recognized in Louisiana, but, strictly 

116 



THE NEW CODE. POLITICAL AGITATION II7 

speaking, this is a mistake. It is true that no offence 
in Louisiana is held to be a crime because it is so re- 
garded under the common law; it must have been 
declared a crime by statute, that is, by act of the 
General Assembly, before any one can be punished 
for committing it. Nevertheless the Legislature of 
1805 passed an act, which declared that all the crimes, 
offences, and misdemeanors named therein, should be 
taken, intended, and construed according to and in 
conformity with the laws of England; and that the 
forms of indictment, the methods of trial, the rules of 
evidence, and all other proceedings in the prosecution 
of the said crimes and misdemeanors (except as other- 
wise provided for in the act) should be according to 
the said common law of England. This statute has 
never been repealed, and its binding force has several 
times been recognized by the Supreme Court of the 
State. In general, therefore, it may be said that the 
criminal courts of Louisiana at the present time appeal 
to the common lav/ for definitions of such offences as 
were declared to be crimes and misdemeanors in the 
act of 1805, as well as for the mode of prosecution; 
that is, the form of indictment, the method of trial, 
the rules of evidence, etc. Thus far the common law 
is recognized in Louisiana.* 

124. Political Parties in Louisiana. — In 1828a 
high tariff was adopted by the United States govern- 
ment. Its object was to protect American products 
against foreign competition. The revenue from the 
import duties was to be spent in building roads, canals, 
and in other internal improvements. Those who 

*Ct Hennen's Digest, d. 357. 



Il8 HISTORY OF LOUISIANA 

favored this tariff formed the so-called American 
party, which a few years later came to be called the 
Whig party. Their opponents, known as the Demo- 
cratic party, were opposed to the granting of large 
powers to the national government, and favored the 
theory that internal improvements should be left to 
the state governments. In short the Democrats dis- 
approved of "protection" and wished to give more 
power to the people. 

1 25. Slavery Becomes a Party Question. — Until 
the year 1 843 the Whig party was strong in Louisiana. 
It held the chief offices, and all the governors were of 
that political faith. Now, however, the power of the 
Democrats began to increase rapidly. Its growth 
was aided by a new issue, which soon overshadowed 
the tariff. This was the extension of slavery, which 
was violently opposed by the northern Whigs and 
strongly favored by the southern Democrats. At this 
time the admission of Texas as a slave state was very 
popular in the south. While the Louisiana Whigs 
did not oppose this extension of slavery, they did not 
wish to see Texas a part of the United States, for fear 
it would prove a rival in the production of sugar, and 
as they were already identified with the northern 
Whigs on the subject of a high tariff, they began to 
lose popularity in their own State.* In 1844 the 
presidential election depended upon the electoral vote 
of Louisiana. John Slidell, a prominent politician, 
succeeded in carrying the State for the Democratic 
candidate Polk, who was accordingly elected Presi- 
dent. From this time until the Civil War Louisiana 

* See Memoirs 0/ Louisiana. 



THE NEW CODE. POLITICAL AGITATION II9 

was under the control of the Democrats, who ousted 
the Whigs and held all the offices.* The first Demo^ 
cratic governor was Alexander Mouton (1843-46). 

126. The First Constitution. — During Mouton's 
administration a new constitution was adopted, which 
was the natural outcome of the Democratic wave that 
was sweeping over the State. The constitution of 
181 2 had permitted the legislature to choose the 
governor from the two candidates receiving the largest 
number of votes. It had required the governor to 
have a landed estate of $5,000, a senator one of 
$1,000, and a representative one of $500. The 
privilege of voting was granted only to those who had 
previously paid a State tax. Moreover, the governor 
enjoyed large powers in the appointment of local 
functionaries; and the State had pledged its support 
to a considerable number of banking establishments 
and railroads. The time had now come when the 
Democrats could maintain that this was too aristo- 
cratic a form of government; it gave to the richer 
classes privileges which should be shared alike by all. 
Easy communication between different parts of the 
State had helped the spread of Democratic principles, 
and the new party received much support from the 
immigrants crowding into the northern part of the 
State, who cared nothing for the * ' protection ' ' of 
sugar or other Whig principles. 

1 27. Second Constitution. — In the new constitu- 
tion (1845), we find a very different order of things. 

*In the presidential campaign of 1849, however, the Whigs 
managed to carry the State for General Zachary Taylor, who had 
lived in Louisiana. 



I20 HISTORY OF LOUISIANA 

There is no property qualification for governor, senator, 
or representative. Tlie candidate for governor receiv- 
ing the highest number of votes is to be declared 
elected without the intervention of the legislature. 
There is no restriction on the suffrage; the appointive 
power of the governor is considerably curtailed; and 
the legislature is forbidden to pledge the faith of the 
State to foster new enterprises. Most important of 
all, a superintendent of education is to be appointed 
by the governor to guard the interests of the public 
schools; thereby relieving the secretary of state, who 
had previously joined this duty to those already 
belonging to his office. The Whigs now maintained 
that the Democrats had gone too far; while the 
Democrats declared that their opponents were too 
old-fashioned and conservative; and that democracy 
could always be trusted to govern wisely. 

128. Constitution of 1852. — After the constitu- 
tion of 1845 had been in force for seven years, the 
Democrats, who had everything their own way, deter- 
mined to frame another that would stretch still further 
the power of the people. Accordingly, in 1852, 
another was adopted in which the principal changes 
were that the governor was deprived of nearly all the 
appointive power left him under the former constitu- 
tion. Even the justices of the Supreme Court were 
now to be elected by the people. Such extreme 
democracy, as we shall see, has not stood the test of 
time, and in our day, the power of the governor has 
been increased. As the Constitution of 1845, how- 
ever, was found to have gone a little too far in re- 
stricting the incorporation of new enterprises and the 



THE NEW CODE. POLITICAL AGITATION 121 

increase of the State debt, the new constitution 
granted greater powers to the legislature in these mat- 
ters, with certain provisions to avoid recklessness. 
This constitution satisfied the people until the Civil 
War forced another upon them. 

129. The "Know Nothing" Party.— While 
the Democrats were gaining strength, the Whigs disap- 
peared from political hfe. In Louisiana many of 
them went over to the "Know Nothing" party.* 
This party, which was in favor of allowing only native- 
born Americans to hold office, and which was strongly 
opposed to the Roman Catholics, held sway for a 
while; but a secret organization of such a character 
could not succeed in the United States. It opposed 
the freedom of religion and the broad hospitality for 
which America has always been famous. Hence its 
adherents soon fell away. When it disappeared the 
National Republican party rose into prominence in the 
north and threatened the abolition of slavery. 

* So called because when questioned Is to their objects, they 
always answered ; "We know nothing in our principles contrary to 
the Constitution." 



CHAPTER XVII 

THE MEXICAN WAR ; EDUCATION ; YELLOW FEVER 

130. War with Mexico. — In 1845 General 
Zachary Taylor was sent by the U. S. government to 
Texas. Texas had just been admitted as a State ; but 
there was a quarrel over the Mexican boundary. In 
1845 Congress declared that the United States were at 
war with Mexico through the hostile acts of the latter 
country. General Taylor called upon Governor Isaac 
Johnson of Louisiana, to send him Colonel Persifer F. 
Smith and four regiments. This appeal caused great 
excitement and enthusiasm in the State. The glories 
of Chalmette were recalled, and, although the cause 
was far less worthy, the young men were as eager to 
enlist as under Jackson. The legislature of Louisiana 
voted $100,000 to aid her sister State. Nearly 50,000 
Louisiana troops were sent to Texas, and in the sub- 
sequent war they fought with bravery on many a battle 
field. The details of the conflict must be omitted. It 
was marked by a series of victories for the Americans. 

131. Value of Education. — It would be an 
ungrateful task for the historian if, during this period, 
he were able to record nought but the material prog- 
ress of the State. Unless a State is advancing its 
standard of morality, unless it is extending its educa- 
tional advantages ; its prosperity, though it be great 
"in material matters, cannot be said to rest upon a 
solid foundation. Every State, if it is to survive. 



THE MEXICAN WAR; EDUCATION; YELLOW FEVER 1 23 

owes to civilization a debt which must be paid sooner 
or later. 

132. The Educational Awaking. — It is easy, 
however, to show that Louisianians were now awak- 
ened to the importance of popular education as a 
basis for progress both in morals and in religion. 
Until the year 1845 popular education, as we learn 
from the messages of the governors, had been almost 
a failure in Louisiana. It is true that large sums of 
money had been appropriated to the cause of educa- 
tion, but they had been wasted upon certain pretentious 
academies and schools, which were required to receive 
a number of indigent scholars, but which were per- 
mitted to charge fees for those that were able to pay. 
Such a system could not be a success. The poorer 
classes refused to take advantage of schools in which 
their children were not on an equality with the sons of 
richer parents. The Constitution of 1845, however, 
changed all this. The schools were made absolutely 
free, while the following provisions helped to create a 
new epoch in the educational system : i. There 
shall be a State superintendent of education and in 
each of the parishes a local superintendent. 2. The 
public schools of the State shall be supported by a 
poll tax, by the sale of public lands, and by a local 
tax levied by the police jurors of each parish. 

1 33. Superintendent Dimitry ; His Difficulties. — 
The first superintendent of public schools appointed 
was Alexander Dimitry, a ripe scholar and an expe- 
rienced teacher, who became the founder of the public 
school system and whose memory Louisiana still 
reveres. By a study of the reports he made to the 



124 HISTORY OF LOUISIANA 

legislature, we are able to appreciate his noble labors 
and the obstacles he had to overcome. Like other 
southern States, Louisiana was an unfavorable field 
for the spread of popular education. The chief causes 
were : (i) The large plantations separated the people 
to such an extent that it was difficult for the parents 
to send their children to the schools. (2) It was a 
prevalent idea that education should be conducted not 
by the State, but by the family. Hence the large 
planters had private schools in their own homes, and 
if the public schools in their neighborhood were not 
successful, they obtained a portion of the State appro- 
priations and used it in paying the salaries of their 
private tutors. When the children grew up they were 
sent away to northern colleges or to Europe. (3) It 
has been claimed with much plausibility that the 
presence of slavery in the south impeded the progress 
of public schools, by preventing the rise of a middle 
class of laborers from which the northern schools have 
always drawn large numbers of pupils. This was true 
of the country parishes, but not of New Orleans,, 
where all classes of society were represented."^ 

134. His Successors. — In spite of all these 
obstacles Dimitry and his successors met with a large 
measure of success. The schools of New Orleans, 
especially increased rapidly in usefulness. In 1858, 
when the educable population of the State was about 



* Naturally the slaves received no instruction. Indeed the agita- 
tion for the abolition of slavery, which, after 1840, was rapidly 
spreading in the North, made the South pass severe laws against any- 
one teaching slaves to read. It was feared that the slaves if they 
were educated, would be more likely to rise against their masters. 



THE MEXICAN WAR; EDUCATION; YELLOW FEVER 1 25 

60,000, the number of pupils in New Orleans was 
20,000, while in the country parishes the number rose 
to 23,000. The same year, a Normal School, the first 
in Louisiana, was opened in New Orleans. 

135. The First University. Literature. 

Eleven years before, the University of Louisiana* had 
been founded with the departments of medicine, law, 
natural science and letters. Its medical department 
had been in existence since 1834. In literature Lou- 
isiana now began to make important progress. Distin- 
guished writers in both French and English made 
their appearance ; while the representatives of the 
State in Congress were conspicuous for their eloquence 
and statesmanship, t 

136. Yellow Fever. — For three years (1853-55) 
of this period, the yellow fever proved a more terrible 
scourge than ever before in the history of New 
Orleans. On one fatal day in August, 1853, there 
was a death every five minutes, and the total number 
for the year was not less than 8,000. In the two fol- 
lowing years the pest returned, and the mortality was 
so great that out of a population of 156,000 the num- 
ber of those that perished was 37,000. J The disease 
spread to some of the smaller towns of the State, 
which were almost ruined by its ravages. During 



* After many vicissitudes this institution is now established on a 
firm basis as the " Tulane University of Louisiana." 

f The literary activity of the time is well shown in De Bow's 
Review, published in New Orleans, during this period. Its pages 
contain many interesting articles on the institutions and the indus- 
trial development of the South. 

X See Cable's History of New Orleans. 



126 HISTORY OF LOUISIANA 

such visitations business was practically suspended ; 
but no sooner had the progress of the disease been 
checked by the coming of frost than both agriculture 
and commerce began to show their wonted activity. 
Never had Louisiana been so prosperous as on the eve 
of the great Civil War. 



CHAPTER XVIII 

THE CIVIL WAR, 1861-1865 

I 37. The Strength of the North and the South- 
In wealth and in population the North had been growing 
more rapidly than the South. The institution of slavery, 
upon which the South believed her prosperity depended, 
was in reality a check upon that prosperity ; for slave 
labor was not available for manufactures or for any 
work requiring skill and intelligence. Moreover, the 
presence of slavery in the South tended to prevent the 
immigration of the working classes. Free labor did 
not care to come into competition with slave labor. 
Hence in i860 the population of the North had risen 
to twenty-three millions, of whom none were slaves ; 
while that of the South was only nine millions, of 
whom three and a half millions were slaves. In both 
houses of Congress the South was outnumbered. This 
majority in Congress had enabled the North, some 
years before, to pass tariff laws which protected 
Northern manufacturers, but which, the South 
believed, threatened to ruin her agricultural classes. 
Much bitterness of f eehng had been aroused in the past 
by this difference of interests. 

1 38. The Attitude of the Two Sections. Seces- 
sion. — Now the National Republican party, which 
came into power with the election of Lincoln in i860, 
was known to be opposed to the institution of slavery, 

and especially to its extension. In accordance with a 

127 



J 28 HISTORY OF LOUISIANA 

provision of the federal constitution, Congress had 
passed a law requiring the return of fugitive slaves ; 
but the legislatures of nearly all the Northern States 
had enacted -personal liberty laws," the object of 
which was to nullify the act of Congress and prevent 
the return of the slaves.^ In many cases, also, 
Northern people had banded themselves together to 
assist fugitive slaves in escaping to Canada by what was 
called ''The Underground Railway." This conduct 
naturally aroused bitter feelings in the South, and 
these feelings were intensified by the famous raid led 
by John Brown in 1859 to liberate the slaves in Vir- 
ginia. If such expeditions continued, slave insurrec- 
tions would be the inevitable result, and the lives of 
white families living on plantations would no longer 
be safe. 

1 39. Secession of the State. — Thus threatened, 
as she believed, in her most vital interests, the South 
thought the time had come to separate from the 
North and form a southern confederacy. This was 
the right of secession, which, in 1802, had been 
asserted by Kentucky, and in 181 2 had been advo- 
cated by Josiah Quincy, of Massachusetts, t (See pp. 
82 and 97). The determination of the new President, 
however, was to maintain the Union by force of arms 
if necessary, and the two sections, each with a proud 
consciousness of rectitude, plunged into a conflict 
which proved one of the most disastrous of all time. 
Following the lead of South Carolina and her sister 



* Read Woodrow Wilson's Divisio7i & Reunion, p. 208. 
f The right of secession is admirably defended in Dr. J. L. M. 
Curry's The South, 



THE CIVIL WAR, 1861-1865 I29 

States, Louisiana passed an ordinance of secession, 
January 26th, 1861. The limits of this work permit 
us merely to outline those scenes of the war which 
belong to Louisiana. 

I40. Defence of New Orleans. — For many 
months after the beginning of hostilities, Louisiana 
found the war far from her borders. The famous 
Louisiana artillery, however, and other troops, were 
dispatched to the scene of conflict in Virginia, and the 
people of the State knew that they had deep interests 
at stake in every battle. Still the possession of the 
Mississippi was too important a matter to be long 
neglected by the Federal government. In the spring 
of 1862 two expeditions were on their way to New 
Orleans, one coming down the river and one coming 
up. New Orleans was hardly prepared to meet any 
but a land force. Requisition after requisition had 
been made upon General Mansfield S. Lovell, who 
was in charge of the Gulf department, for arms and 
men to aid Beauregard and other Confederate generals 
in the Virginia and Tennessee campaigns. Now that 
the danger was imminent, Lovell found it impossible 
to procure what was necessary for the defence of the 
city. Great reliance, however, was placed by the 
Confederate government in the forts Jackson and St. 
Philip, which defended the river seventy-five miles 
below the city. Between them were placed a number 
of old hulks, bound together by chains, to obstruct 
the channel. Above them there were seventeen armed 
vessels under General J. R. Duncan. It was hoped 
that no fleet would be able to pass the forts and reach 
New Orleans, while the batteries at Vicksburg would 



I30 



HISTORY OF LOUISIANA 



prevent the descent of the Federal fleet from 
above. 

141. Farragut Passes the Forts. — On the 1 9th 
of April, 1862, a Union fleet, consisting of pow^erful 
gunboats and mortar schooners, in all forty-three 
vessels — anchored below the forts. After bombarding 
the forts for several days, the flag-officer, David G. 
Farragut, succeeded in breaking the chains that held 
in place the obstructions, and at two o'clock on the 
morning of the 24th, he gave the signal to run past. 
The forts made every effort to stop him. Shot and 
shell poured down upon the advancing vessels as they 
came abreast, while the river was soon ablaze with 
fire rafts. But nothing could daunt the determination 
of the Federal commander. The Confederate fleet 
above the forts was totally unable to cope with the 
force that Farragut led against it and it was soon 
scattered. 

1 42. Farragut Captures the City. — Leaving his 
mortar schooners to shell the forts, Farragut steamed 
up the river, and, scarcely lessening his speed as he 
passed some batteries at Chalmette, he anchored in 
front of New Orleans. As the river was very high 
the guns of his vessels commanded the whole city. 
Seeing that resistance was useless and would endan- 
ger the lives of thousands of women and children, 
General Lovell retired with his forces, and Farragut 
took possession until the arrival of General B. F. 
Butler, who followed him with 15,000 men. When 
the Federal fleet was approaching, the inhabitants, 
wild with excitement, had piled upon the levee thou- 
sands of bales of cotton, and had added to the mass 



THE CIVIL WAR, 1861-1865 13! 

hundreds of hogsheads of sugar and molasses. To all 
this merchandise torches were applied until the 
heavens were black with the smoke of the conflagra- 
tion. There was a grim determination to prevent 
these valuable supplies from falling into the hands of 
the enemy. May the first General Butler took posses- 
sion of the city, and continued in command till the 
following December. During these few months, he 
contrived, by his petty tyranny and by the indignities 
he heaped upon the best citizens of New Orleans, to 
gain for himself the condemnation of the whole South. 

1 43. The Loss of New Orleans. — It is hard to 
estimate the injury which the Confederacy received 
from the loss of New Orleans. The city served the 
Federals throughout the war as a point of departure 
for their military expeditions in the far South. It was 
the key to open the great river. A portion of Farra- 
gut's fleet, proceeding up the Mississippi, forced Baton 
Rouge to surrender, and, running the gauntlet of the 
batteries at Vicksburg, joined the Federal fleet that 
was descending the river. A desperate attempt was 
made by the Confederates under General John C. 
Breckinridge to recapture Baton Rouge, but it failed. 
They had to content themselves with Port Hudson. 
This town they fortified and held till the fall of Vicks- 
burg in 1863. 

144. Southern Louisiana. — In southern Louisi- 
ana General Richard Taylor had been placed in com- 
mand of such Confederate troops as he was able to 
enlist. The Creoles flocked to his standard, and 
Taylor contrived to send to the aid of Vicksburg and 
other Confederate points large quantities of salt from 



1^2 HISTORY OF LOUISIANA 

the Avery mines, salt beef, sugar, and molasses. Such 
help was invaluable. As it was all important that the 
Trans-Mississippi country should remain in the hands 
of the Confederates, President Davis appointed to 
the command of the whole department a distinguished 
officer, Lieut. -General E. Kirby Smith, with head- 
quarters at Shreveport on the Red River. General 
Taylor had found it impossible to prevent an army of 
16,000 Federals under General N. P. Banks from 
marching up the Teche and taking possession of Alex- 
andria. As soon, however, as Banks had crossed the 
Mississippi to lay siege to Port Hudson, Taylor made 
a foray through southern Louisiana, and completely 
routed a Federal force stationed at Berwick Bay. 
This threw into his hands large supplies of provisions 
and medicines, with a great quantity of ammunition 
and small arms. 

145. The Disasters of 1863.— The year 1863 
was a disastrous one for the Confederacy. Vicksburg 
having been captured by General Grant, and Port 
Hudson having surrendered to General Banks, the 
whole length of the Mississippi to its mouth was under 
Federal control. Moreover General Lee had been 
repulsed with heavy loss in his invasion of the North. 
Such disasters could not fail to cripple the South. 

146. Banks's Invasion. — The following year 
(1864), the Federals determined upon an invasion of 
the Trans-Mississippi department. General Banks, 
with a force of nearly 28,000 men, marched into 
western Louisiana, a fleet of seventeen gunboats 
accompanying his army up the Red River. He 
-expected to end the campaign with one blow. His 



THE CIVIL WAR, 1861-1865 I35 

army, however, advanced in detachments, and General 
Taylor, who at first had retreated, made a stand at 
Mansfield, with the intention of routing Banks's 
advanced forces before the rest came up. The bat- 
tie ended in a complete victory for the Confederates 
(April 8). Banks retreated to Pleasant Hill, leaving 
2,500 prisoners and 250 wagons in the possession of 
the victorious army. His whole force engaged was 
about 13,000, while Taylor had 8,800. On the fol- 
lowing day, at Pleasant Hill, another engagement 
took place. Banks had now brought up 18,000 men; 
but Taylor, by skillful management of his troops, suc- 
seeded in driving the Federals off the field. Banks's, 
invasion had been a complete failure. 

1 47. The Retreat. — On his retreat to Alexandria, 
General Banks swept the country clear of its most 
valuable property, and the memory of his destructive 
march still lingers in the minds of north Louisianians. 
When the Federal fleet, coming down the Red River, 
reached Alexandria, the water was so low that the 
gunboats could not be gotten over the falls. . By a 
splendid engineering feat, however, a dam was built, 
and the vessels were successfully floated over the 
obstructions. 

1 48. The End of the War. — The war in Louisi- 
ana now came practically to a close. One year later, 
the surrender of General Lee in Virginia completed 
the last act in the great drama. Exhausted in her 
resources, the South gave up the struggle. The war 
had not settled which side was right in the interpreta- 
tion of the constitution; but it had, in any case, given 
a practical answer to the great questions which had 



j^4 HISTORY OF LOUISIANA 

SO long divided the two sections. When the passions 
of the conflict had cooled, there was the possibility of 
a country united by a comnaon sentiment of patriotism. 
This possibility became a reality within the first 
generation after the close of the Civil War, when the 
men of the South and the men of the North fought 
side by side under the stars and stripes.* 

149. The War Governors. — From 1860-64 the 
governor of Louisiana was Thomas C. Moore, a 
worthy planter, who gave his best efforts for the suc- 
cess of the southern cause. In 1864, that portion 
of the State which was not under Federal control, 
elected as governor, Henry W. Allen, whose gallant 
services in the Confederate army had won for him the 
admiration of the people, as his civic virtues had won 
for him their affection. In the district held by the 
Federals the choice fell upon Michael Hahn; so that 
there were two governors in the State. 

*The splendid spirit of a reunited country is found in the resolu- 
tions introduced by General Stephen D. Lee at a reunion of the Con- 
federate Veterans in July, 1898 : 

"Whereas, the United States of America are at present engaged 
in a war with Spain in the interest of human liberty; and 

"Whereas, our comrades and our sons are members of that 
glorious army and navy, the achievements of which are now exciting 
the wonder of mankind ; therefore be it 

"Resolved, That we, the survivors of the United Confederate 
Veterans, pledge our loyalty, and the hearty co-operation of the 
organization in this crisis of affairs, to stand ready at all times with 
men and money, irrespective of political affiliations, to support the 
President of the United States, as commander-in-chief of our army 
and navy, until an honorable peace has been conquered from the 
«nemy." 



CHAPTER XIX 



RECONSTRUCTION 



1 50. Views of the State. — When General Lee 
surrendered at Appomattox Court House, the South 
beheved that the war was over. President Lincoln 
was willing that the seceding States should be taken 
back into the Union, if there were to be no more 
slavery and no more secession. These conditions the 
South was ready to accept. Already, in 1864, a new 
constitution had been framed for the State by the 
Republican government in Louisiana, which carried 
out Lincoln's views, and in the followmg year the 
legislature declared in an address to Congress that 
Louisiana was unreserved in her loyalty to the United 
States government. It was believed that nothing 
more would be required of the exhausted State, and that 
she would be allowed to take up once more the ordi- 
nary tasks of life, and recuperate, as best she could, 
from the ravages of war. 

151. Views of Congress. — But after the death of 
Lincoln, Congress, which was overwhelmingly Repub- 
lican, was not satisfied to let the South off so easily. 
The slaves, set free by the war, must be guaranteed 
protection in the courts and at the ballot-box. No 
seceded State was to be readmitted to the Union 
until, by ratifying the XlVth amendment to the Fed- 
eral Constitution, it had guaranteed to the freedmen, 

135 



136 



HISTORY OF LOUISIANA 



all the rights of citizenship and had forbidden any 
"rebel " to hold office until his disabilities had been 
removed by Congress. President Johnson, the suc- 
cessor of Lincoln, did not approve of this policy ; but 
Congress justified its course by declaring that a num- 
ber of Southern States had passed statutes with regard 
to labor-contracts and vagrancy that bore heavily 
upon the newly emancipated freedman, and that 
would virtually result in reducing them to a kind of 
slavery.* 

1 52. Louisiana Readmitted. — As all the Southern 
States, except Tennessee, were opposed to accepting 
the XlVth amendment. Congress passed in 1867 an 
" iron-clad " reconstruction act. Under this act Lou- 
isiana saw her borders invaded by United States 
troops just as if the war were still in progress. The 
commander of these troops became the dictator of the 
State, appointing and removing governors as he 
pleased. Under this new I'egime, no one was allowed 
to vote who could not prove that he had always been 
loyal to the Federal government. As the whole 
machinery of election was in the hands of the military 
commander, it was an easy task in 1868 to frame a 
new constitution which was in accord with the XlVth 
amendment, t Louisiana, having thus nominally com- 
plied with all the conditions laid down by Congress, 
was readmitted to the Union (1868). 

I 53. Misgovernment. — For nine years longer, 

* See Wilson's Division & Reunion^ p. 260. 

f The number of freedmen registered was 84.436, while the number 
of whites was only 45,218. This gave the control of the State to the 
ex-slaves and their political leaders. 



RECONSTRUCTION I37 

(i 868-1 877), however, Federal troops were kept in 
Louisiana to see that the reconstruction laws were 
strictly executed. The XlVth amendment had been 
adopted, but the Southern whites were exasperated, 
and were constantly endeavoring to prevent their 
former slaves from voting or holding office. In Lou- 
isiana, as in other Southern States, secret organiz- 
ations were formed, which either frightened the 
negroes away from the ballot box, or, in many cases, 
resorted to acts of extreme violence. In the mean- 
time a number of political adventurers, (the so-called 
** carpet-baggers "), who came down from the North 
to seek their fortunes in the rich State of Louisiana, 
proceeded to seize all the offices for themselves and 
their followers. Secure of the negro vote which was 
given to them largely because the freedmen believed 
that all Republicans must be their friends, and sup- 
ported by the Federal troops, which enabled them to 
treat with contempt the efforts of the property-owners 
to recover control of the government, these politicians 
began to rob and pillage the State treasury with 
unblushing affrontery. 

I 54. The Conduct of the People. — The people 
of Louisiana behaved with wonderful moderation. 
They saw the State debt increase in a few years from 
ten million to fifty million dollars ; they saw the taxes 
rise in ten years 450 per cent. ; they saw a single ses- 
sion of the legislature cost $900,000 ; they saw the 
bonds of the public school fund sold at public auction 
and the proceeds divided among the conspirators. All 
this, and much more, they endured for six years, until 
the wealth of the State seemed destroyed as if by a 



138 



HISTORY OF LOUISIANA 



great conflagration..* When, however, the "Carpet- 
baggers ' ' began to quarrel over the spoils, two fac- 
tions were formed, and an opportunity was thus given 
to the Democrats to get possession of the government. 
For the factions, by accusing each other of robbery 
and corruption, gradually made clear to the North 
what evils Louisiana was suffering, and finally gave 
rise to a party which favored the withdrawal of the 
United States troops. The white Democrats now 
formed themselves into leagues for the liberation of 
tlie State. "The White League" of New Orleans 
and "The White Man's Party " of the country par- 
ishes were organized (1874) by men who owned nearly 
all the property in the State and who were determined 
to control the taxation of that property. 

I 55. The 14th of September. — The Republican 
governors, H. C. Warmoth (i 864-1872), and W^m. P. 
Kellogg (1872-1876), had surrounded themselves with 
a body of police called the " Metropolitans." They 
were sent out to arrest Democrats who refused 
to pay the exorbitant taxes or who resisted in 
any way the orders of the Executive. On the 14th 
of September (1874), there was a sharp conflict in 
New Orleans between the Metropolitans under Gen- 
erals Badger and Longstreet and the White League 
under General Ogden. The object of the League was 

♦The Northern view of Reconstruction is thus given by Alexander 
Johnston in his History of the United States: — " The whites asserted 
that the reconstructed governments made bad laws and stole the 
public moneys. The reconstructed governments asserted that the 
whites resisted the laws by violence, and whipped or killed 
negroes to prevent them from voting. Both assertions seem to have 
been correct." 



RECONSTRUCTION 



139 



to get possession of some firearms that had been 
imported for their use, and that the Repubhcan gov- 
ernor naturally wished to keep from them. Though a 
number of the League were killed, the ' 'Metropolitans" 
were put to flight, and the governor was forced to take 
refuge in the Custom House. By an appeal to the 
Federal government, Kellogg was restored to office, 
but the power of the "Carpet-baggers" was greatly 
weakened. At the next election (1876) the Demo- 
crats, who were now joined by large numbers of freed- 
men, carried the State by 8,000 majority for Francis 
T. Nicholls, a distinguished general of the Confederate 
army. The Republicans claimed the election of their 
candidate, S. B. Packard; but President Hayes 
decided to withdraw the United States troops, and 
thus left Packard without support. With his fall, 
■"carpet-bag" rule disappeared in Louisiana. It was 
time. 



CHAPTER XX 

NEW CONSTITUTIONS. PUBLIC IMPROVEMENTS 

The subjects that demand at least a brief mention 
during this period are the new constitutions, the levee 
system, the jetties, agriculture, maritime sanitation, 
the rise of manufactures, and the progress of public 
education. 

i 56. Constitution of 1879. — Under the new 
regime the reorganization of the State government 
was a matter of prime necessity. The constitution 
framed under the " Reconstruction " rule must yield 
to the changed conditions. Accordingly in 1879 a new 
constitution was adopted. Like the recent constitu- 
tions of many other States it showed a profound dis- 
trust of legislative action. Nearly all special legislation 
was forbidden. The heavy debt of the State was not 
repudiated; it was simply placed on a better financial 
basis; but the General Assembly was given no power 
to contract any further debt or liabilities whatever on 
behalf of the State. This was a natural provision 
after the wild orgies of the " Reconstruction " legis- 
latures; it represented the reaction from the license of 
that period. But the rate of taxation was so limited 
that the public school system and local improvements 
were severely crippled. In other respects, also, the 
new constitution was found unequal to the needs of a 

rapidly developing State, and the general dissatisfac- 

140 



NEW CONSTITUTIONS. PUBLIC IMPROVEMENTS 141 

tion led to frequent amendments,^ and finally to the 
adoption of the present constitution (1898). 

157. The Levee System. — The problem of pro- 
tecting Louisiana against the floods of the Mississippi 
has been a perplexing one ever since the year 1727, 
when Governor Perier built a levee nine hundred 
feet long in front of the little settlement of New 
Orleans. The great river, while it has built up the 
prosperity of the State, has frequently threatened to 
undo its good work by inundating the richest lands, 
and ruining habitations and crops alike. 

In the eighteenth century the plantations were pro- 
tected by the owners under a threat of confiscation if 
they failed to build levees. Since the settlement of 
the great western country, however, deforestation has 
proceeded so rapidly that the floods have been more 
disastrous than ever before; for the thick forests pre- 
vented the rains from running so quickly into the river 
channels. Hence it was found necessary to supple- 
ment the labors of the individual planters in levee 
building. 

I 58. Assistance of the Federal Grovernment. — 
In 1850 the Federal government came to the assist- 
ance of the inhabitants of Louisiana by donating eight- 
and-a-half million acres of so-called swamp land in 
the State, the sale of which, it was hoped, would 
materially aid in the building of levees. Some prog- 
ress was made in levee construction, but the great 

* Under the constitution of 1879 the choice for governor was Louis 
A. Wiltz (1880-1881), who died one year after his inauguration. He 
■was succeeded by the lieutenant-governor, S. D, McEnery. In 1884 
McEnery succeeded himself, thus serving seven years as governor. 

t 



142 HISTORY OF LOUISIANA 

flood of 1882 came and overwhelmed 5,600 square 
miles of land in Louisiana alone, causing a loss that 
amounted to fifteen million dollars. It was evident 
that something must be done and that quickly. The 
Federal government, recognizing the importance of 
the Mississippi as a great highway of commerce, began 
at this period to make large appropriations for the 
improvement of the levees. This Federal aid, togeth- 
er with the exertions of the State government during 
the administrations of McEnery and of Nicholls (second 
term, 1888-1892) worked a revolution. For in 1890, 
though the flood rose higher than in 1882, the levees 
were so much stronger that, while in 1882 the breaks 
or crevasses numbered two hundred and eighty-four, 
aggregating fifty-six miles in width, those of 1890 
numbered only twenty-three, aggregating just four and 
one-quarter miles.* At the present time, the further 
strengthening of the levees by the Federal and State 
authorities is going on, and as the bottom of the river 
shows no sign of being elevated by the deposits of 
silt, we may hope soon to see the floods absolutely 
under control. The levees are now higher and 
stronger than ever before in the history of the State. 

I 59. The Jetties. — One of the greatest obstacles 
to the commercial prosperity of New Orleans and of 
the State had been the lack of deep water at the 
mouths of the Mississippi. The silt brought down by 
the river formed a shifting bar, which often prevented 
ships of large burden from coming up to the city. 
Finally, however, in 1874, Captain James B. Eads, a 
distinguished engineer, submitted to the United States 

*See Memoirs of Louisiana. 



I 



NEW CONSTITUTIONS. PUBLIC IMPROVEMENTS 143 

government a plan for removing the impediments to 
navigation. Jetties w^ere to be built in the south pass 
of the Delta, which would force the strong current of 
the river to carry the silt out to sea. The plan was 
adopted, Congress made the needed appropriations, 
the jetties were completed in four years, and a channel 
was secured from twenty-six to thirty feet deep. It 
will be remembered that in the eighteenth century a 
similar plan had been proposed by the French engineer, 
Pauger. This triumph of engineering skill gave a 
great impetus to the commerce of Louisiana and of 
other States lying along the Mississippi. Though 
more than six million dollars have been expended on 
the work, and though additional sums will be necessary 
for the gradual extension of the system, the benefit to 
the Mississippi valley will more than compensate for 
the outlay. With hundreds of large vessels at her 
docks, New Orleans has become the great shipping 
port for the grain of the west. 



CHAPTER XXI 

THE PRESENT CONDITION OF LOUISIANA 

1 60. Northern Louisiana. — The northern portion 
of the State differs from the southern in the character 
both of its products and its population. The chief 
products are corn and cotton, though hay, oats, and 
potatoes are extensively raised. The lands are won- 
derfully fertile. The valley of the Red River is com- 
parable to that of the Nile in the production of 'cotton. 
Throughout this portion of the State, one meets vv^ith 
small farms and numerous towns, in striking contrast 
to the southern portion, where the plantations are 
large and the towns few. The people consist of 
settlers from the west and from the Atlantic States. 

161. Southern Louisiana. — In Southern Louisi- 
ana, the chief products are sugar, rice, and tobacco; 
while oranges, figs, and other fruits grow in magical 
abundance. Though there has been much immigra- 
tion from the western States, a large number of the 
planters are of the old Creole stock, who speak the 
language and preserve the traditions of the past. For- 
merly every planter of sugar had his own mill; but 
with the reduced price of sugar it has been found neces- 
sary to build large central mills, to which the smaller 
planters sell their cane, and which by the use of im- 
proved machinery, are able to reduce the price of 
manufacturing the sugar. Louisiana now stands third 
in the production of cane sugar, Cuba and Java being 

144 



THE PRESENT CONDITION OF LOUISIANA 145 

the only countries that raise larger crops. The settlers 
in western Louisiana have found the cultivation of rice 
so cheap and profitable that they devote all their 
energies to the production of that staple. More rice 
is produced in Louisiana than in all the other southern 
States put together.* 

I 62. Yellow Fever and Quarantine. — After the 
close of the Civil War, the terrible visitations of 
yellow fever continued at intervals. In 1878, espe- 
cially, there was a fearful epidemic, which carried off 
4,000 persons in Louisiana. As the presence of the 
disease interfered seriously with the prosperity of the 
State, measures were taken to prevent its entrance 
into Louisiana. In 1882, through the inventive 
genius of Dr. Joseph Holt, of New Orleans, a thorough 
system of disinfecting vessels was established at the 
mouth of the river. For fifteen years the fever was 
successfully kept outside the boundaries of the State; 
but in 1897 it was brought to New Orleans by persons 
fleeing by railway train from Ocean Springs, Missis- 
sippi, where the disease had prevailed for some time 
without being recognized. It lasted from September 
the eighth until the following January; but the disease 
was milder than ever before, and generally yielded 
readily to treatment. The ofBcial reports show that 
there were in Louisiana 1,935 cases, most of them in 
New Orleans, and that the total number of deaths 
was only 306. The return of the disease after an 

* Statistics. The rice crop of Louisiana in 1879 was only 20,728,- 
528 pounds; in 1896 it was 180,020,000 pounds. For the year 1895 
the cotton crop of the State was 721,591 bales. The sugar crop for 
the same year was 710,827,438 pounds. 



-l^S HISTORY OF LOUISIANA 

absence of so many years was regarded as a calamity, 
and the State Board of Health has been making 
strenuous efforts to prevent its importation either 
by sea or land. 

I 63. NichoUs' Second Term, 1888-1892. — At the 
expiration of Governor McEnery's term the governor 
elected was General Francis T. Nicholls, who had 
served the people in that capacity from 1877 to 1880. 
The Louisiana Lottery Company, which had been 
chartered twenty-five years before, now asked for a 
renewal of its charter, promising to pay into the 
treasury of the State annually a portion of its large 
profits. Bitter opposition to its continuance, how- 
ever, soon became manifest. It was the burning 
question of the next gubernatorial campaign. Finally 
the United States government interfered by refusing 
the Lottery Company the use of the mails. Thus 
-crippled the company thought it wise to retire from the 
contest. 

I 64. Murphy J. Foster, Governor, 1892-1896. — 
The anti-lottery candidate was Murphy J. Foster, of St. 
Mary Parish. In 1892 he was elected by a handsome 
majority over three opponents. His administration 
was so successful that at the end of his term he was 
re-elected. In 1900 he was succeeded by W. W. 
Heard, of Union Parish, who is the present governor 
•of Louisiana. 

\ 65. The Present Constitution. — During Gover- 
nor Foster's second term the question of framing a 
new Constitution for the State was widely discussed, 
and the General Assembly voted to submit to the 
people the proposition of calling a constitutional con- 



THE PRESENT CONDITION OF LOUISIANA 



H7 



vention. A majority of the p )pular vote cast being^ 
in favor of such a convention, the delegates met in 
New Orleans February 8, 1898, and continued in ses- 
sion until May 10 of the same year. The Constitu- 
tion adopted by this convention went into effect 
without being submitted to the people. It made 
important changes in the fundamental law with refer- 
ence to the suffrage, the judiciary, and other subjects. 
Its main provisions will be considered under the head 
of Civil Government. 

166. Manufactures. — In the development of 
manufactures the last quarter of the century has 
marked an important era in Louisiana. Before the 
war it was found that slave labor was well suited to 
agriculture, but was ill adapted to manufactures. 
Since the abolition of slavery, however, it has become 
clear that the State in the sharp competition of 
modern times cannot depend for its prosperity upon 
agriculture alone. Hence manufactures, which were 
formerly limited to the refining of sugar, have now 
been extended until they embrace many kinds of 
industries and represent large amounts of capital. 
While, therefore, before the war the industrial estab- 
lishments of the State were hardly worthy of mention, . 
they now number nearly two thousand in New Orleans 
alone. The annual valuation of their finished product 
is about $48,000,000, and the amount paid in wages, 
is $10,000,000. Besides the rice and cotton mills, 
large investments have been made in cotton-seed 
mills, breweries, foundries, and tobacco factories. 
Surely this is a marvelous transformation. 

1 67. Education. — While Louisiana is far behind 



148 HISTORY OF LOUISIANA 

many of her sister States in the matter of public edu- 
cation, and her percentage of iUiteracy is much too 
high, still the efficiency of the schools has increased, 
the sums expended for their support have been more 
liberal every year, and the number of pupils has 
grown rapidly.* The progress of the public schools 
has accompanied the development of the higher edu- 
cation in the colleges and universities. Not only are 
the various colleges for colored youth w^ell patronized, 
but the Normal School, the Industrial College of 
Ruston, the Louisiana State University, and Tulane 
University have raised the standard of education and 
have reflected honor upon the State. 

Such in outline is the history of Louisiana from 
the earliest historic times to the present day. 

*In 1884 the number of pupils enrolled was 81,024 in a popula- 
tion of 940,000 ; in 1899 it was 196,169 in a population of 1,381,000. 



PART II 
CIVIL GOVERNMENT OF LOUISIANA 



CHAPTER XXII 



GOVERNMENT 



1 68. "What is Government?^ — When we speak of 
the government of a country, we mean that agency by 
which its pohtical affairs are controlled. Under this 
agency are included not only the constitution and 
laws of the country but also the officials by whom 
these are administered. It is not unusual, however, 
to call the body of officials ''the government,"" 
because in them are embodied the powers. Thus,. 
we say that the government of the United States was 
changed in 1789 when the new constitution was 
adopted, or that the government was changed in 1897 
when a Democratic administration gave place to a 
Republican one. The word govern is derived from 
the Latin gubernare, which means to steer or guide. 
In modern times, however, as Professor Seelye sug- 
gests, it means more than simply to hold the helm; it 
also means to control the ship. Hence a governor is 
to be regarded as both the helmsman and the captain 
of the Ship of State. 

* See The American Governmejit, Introduction. 

149 



ICO CIVIL GOVERNMENT OF LOUISIANA 

169. Kinds of G-overnment. — Various kinds of 
government have been established in the world, viz. : 

1. Monarchies. — Monarchy is the oldest form of 
government in civilized society, and m.any examples 
of it are still found in the world. It takes two forms. 
When the controlling power is centered in one man, 
who holds the destinies of the people in his hands, it 
is called a despotism. Such is the government of 
Russia at the present time. When, however, the 
power is given to a king or queen who is held in check 
by a written or an unwritten constitution, we have a 
limited monarchy. England formerly had a govern- 
ment of this character, but in modern times the power 
of the Crown has been so much weakened that the 
government now resembles very closely that of a 
republic. 

2. Oligarchies. — An oligarchy is a government in 
which the powers are administered by a small body of 
men, generally the nobles of the country, who have 
succeeded in throwing off all constitutional checks. 
Such a form of government has often proved very 
corrupt, and it is no longer found in civilized coun- 
tries; but both in the ancient and in the mediaeval 
worlds it was not uncommon. Read, for example, the 
history of Venice and Genoa in the fourteenth century. 

3. Donocracies. — The word democracy is derived 
from two Greek words that signify "to govern by the 
people." Hence a democracy is a form of govern- 
ment in which the people, either directly or indirectly, 
govern themselves. A state in which this kind of 
government exists is called a republic (from the Latin 
res-publica, a commonwealth). 



GOVERNMENT I5r 

1 70. Republics Ancient and Modern. — In the 
ancient world of Greece and Italy there were, at certain 
periods, republics similar in many respects to those of 
our own day ; but they all differed from ours in one impor- 
tant particular. When political affairs were to be con- 
sidered, as many of the citizens as could conveniently 
come together would assemble and transact the busi- 
ness by their votes. In modern times we have a dif- 
ferent method — that of representation. Instead of 
attending in large bodies, the citizens now send their 
representatives, and these conduct the affairs of the 
state. This is a far better method; for a large mass 
of citizens, it has been found, cannot legislate so 
wisely as a limited number of representatives. Under 
the modern system it is possible for a single govern- 
ment to legislate successfully for many millions of 
people, and as the representatives are elected by the- 
people and are held responsible for their acts, every 
one feels that he has a share in the government; and 
there is less danger of revolutions upsetting the exist- 
ing order of things. Thus society is able to develop 
by the gradual method of improvement which is called 
evolution. The best example of a modern republic is. 
the United States of America. As the separate 
States, however, are in many respects independent of 
the general government, the United States has some- 
times been aptly called a Republic of Republics. 

171. The Origin of Government. — Government 
may be traced back to primitive society, where in 
every family the father was. the priest, the judge, and 
the ruler. Such was the patriarchal type as seen in 
the history of Abraham. As families developed into 



152 



CIVIL GOVERNMENT OF LOUISIANA 



clans, clans expanded into tribes, and tribes swelled 
into nations, it became necessary to have some 
common ruler for all. Then some strong leader 
either was chosen by the people themselves to rule 
over them or else assumed the leadership. Naturally, 
as the numbers increased, the character of the govern- 
ment became more complex, the functions of priest 
and judge, for instance, being separated from those of 
leader or king, until finally we reach the elaborate 
political machinery that exists in a modern state.* 
It is to be remembered, however, that while society 
has made great progress, the important unit of society 
is still the family. If the family life of a people is not 
well ordered — if the parents are unwise, or if the chil- 
dren are allowed to grow up in ignorance or unfilial 
disobedience — the state will ultimately suffer. It can- 
not be expected that the government of a people will 
be much better than the people that it represents. 

I 72. The Office of G-overnment. — The office of 
the government in any state or country is to protect 
the rights of its citizens and to see that they perform 
their duties. To accomplish these ends legislative 
assemblies are provided to pass laws for the welfare 
of the people; officers to see that the laws are faith- 
fully executed; and courts of justice to settle all con- 

* "Whether by original force or by voluntary recognition and estab- 
lishment, whether founded upon acknowledged supremacy of per- 
sonal prowess and sagacity of the leader selected, or whether 
springing from patriarchal authority, the public authority becomes 
established, cannot now be known and undoubtedly it differed in dif- 
ferent instances. But, however, originated, a public authority once 
created, the State becomes an established fact." — Willoughby: The 
Nattire of tJie State. 



GOVERNMENT 1 53 

tentions. Thus we find that the Constitution of the 
United States estabHshes a legislative department, an 
executive department, and a judicial department. 
These departments constitute the Federal Govern- 
ment, and in the Constitution of each State the same 
division of powers is made for the control of State 
■affairs. 

1 73. The Necessity of Government. — It has 
sometimes been declared that a government is a 
necessary evil. This means that if men were so con- 
stituted as to be able to live together in charity and 
peace, there would be little or no need of a govern- 
ment; but as there are many selfish and disorderly 
people in the world — fellows of the baser sort — some 
form of government is necessary to make them respect 
the rights of others. The true theory is that a good 
government makes the social state possible; that is, it 
enables people to live together and to enjoy all the 
advantages of an organized society or state. If men 
lived apart from one another, there would be no gov- 
ernment necessary except that of the family, which 
would be extremely simple; but there would be no 
social progress, and no civilization, In order to make 
progress, men must combine, and, when they come 
together in communities, their interests will clash, 
and more and more complex forms of government 
will be necessary. 

It has been held by some persons that as all govern- 
ments are more or less corrupt, it would be well to 
sweep them out of existence and thus secure greater 
individual liberty. We call such persons anarchists. 
The truth is, however, that whatever may be the 



15^ CIVIL GOVERNMENT OF LOUISIANA 

faults of our governments, we enjoy more liberty 
under them than we should enjoy if they were 
destroyed. If they were all swept away, we should 
have not greater liberty but greater license; might 
would take the place of right, and neither life, liberty, 
nor the possession of property would any longer be 
secured to us. 

74. Responsibility. — Under a despotism it may 
be impossible for the majority of a people to have the 
kind of government that they desire. The organized- 
powers of the despot may keep them in subjection and 
prevent them from exercising that supreme control or 
sovereignty which ultimately always belongs to the 
people themselves. The same is true of other forms 
of government. Under an oligarchy, the minority get 
control of affairs and often hold it by means of well 
disciplined and organized armies. In a republic, 
however, like our own, there seems to be no excuse 
for the majority of the people if they do not obtaia 
the kind of government they wish.* All the laws are 
made by representatives, who are chosen directly or 
indirectly by the people themselves, and if the govern- 
ment is bad, the people have only themselves to 
blame. Hence in a republic greater responsibility 
rests upon the citizens than under any other form of 
government, to make their government the best that 
it is possible to obtain. In order to accomplish this, 
every citizen should see to it that he enjoys all the 
rights, political and civil, which are granted to him by 
the government, and, at the same time, he should 

*The majority referred to here is the majority of the voting popu- 
lation. 



GOVERNMENT 



155 



strive to perform in the worthiest manner all the duties 
laid upon him. He should endeavor to have the best 
laws enacted and should demand that they be properly 
executed. 

i 75. Rule of the Majority. — Of course it is 
understood that in a republic the will of the majority 
should always prevail. While means have been some- 
times taken to defeat this rule, the wisdom of the 
principle is almost universally recognized. Hence, 
though the views of a citizen may be wise, he will 
often find himself on the losing side. He may find 
himself living under a government that is very different 
from the one he would have chosen. What is his 
duty in such a case.'' If he decides to retain his citi- 
zenship in the State, he should submit in all cheer- 
fulness to the existing laws, and strive, by free 
discussion, to win adherents to his side. Hence the 
necessity that all citizens should be well grounded 
in the principles of their government, and that they 
should study the leading questions of the day. 
''When, " says Mr. Nordhoff,* "the right side is in the 
minority, it is of great importance that its adherents 
shall be able to give pertinent and convincing reasons 
for their course; for thus only can a minority hope to 
become a majority." The evolution of government 
requires that progress should be effected by argument, 
not by force, t 

* In Politics for Young Americans. 

\ See Dr. B. A. Hinsdole's American Government, Introduction. 
for a fuller account of the topics treated in this chapter. 



CHAPTER XXIII 



CONSTITUTIONS 



1 76. Object of the Work. — The object of Part 
II. of this book is to explain the main features of the 
Government of Louisiana in the simplest manner 
possible, that every young citizen may learn what 
rights he may enjoy and what duties he will be called 
upon to perform. We shall discuss the provisions of 
the present Constitution, as well as the principal laws 
now in force that have been passed by the General 
Assembly. To explain all these fully, it will be neces- 
sary also to discuss the Constitution of the United 
States and its relation to the Constitution of the 
State; but this subject will be discussed with greater 
fullness in Part III. Within the State itself, how- 
ever, lie most of the rights and duties of the citizen, 
and when these are once known, it should not be a 
difficult task to determine the relation that they hold 
to rights and duties under the Federal Government. 
Hence, though we recognize that Professor Bryce is 
right in saying that every citizen of this country, since 
he owes allegiance both to his State and to the 
Federal Government, has two loyalties and two 
patriotisms, we are going to concern ourselves in 
Part II. almost entirely with his allegiance to the 
State. 

177. The State Constitution. — A Territory ob- 
tains a Constitution when it becomes a State. Con- 



CONSTITUTIONS 



157 



gress extends the privilege of Statehood to Territories 
with no fixed rule as to the number or character of 
the population. The question of admission or non- 
admission may rest on political grounds. Hence many 
of the Territories, as for instance the Territory of 
Orleans, have been compelled to knock more than 
once at "the doors of the Union." When it thinks 
proper, therefore. Congress passes an Enabling Act,* 
authorizing the Territory to frame a Constitution and 
submit it to Congress. If it contains nothing in con- 
flict with the Federal Constitution and is otherwise 
satisfactory to the majority in Congress, the Territory 
is admitted. The new State, however, may change 
its constitution or frame a new one without consult- 
ing Congress, provided only that no provision of the 
Federal Constitution is violated. Those who have 
read the historical sketch in this volume will remember 
that the Territory of Orleans was admitted as the 
State of Louisiana in the year 1812. Since that date 
public sentiment has undergone many changes, and, 
as a result, the State has framed no fewer than six 
different constitutions. The last was that of 1898, 
under which the people of the State are now living, 
and which, therefore, is the fundamental law of the 
State. 

1 78. New Constitutions. — Of course it is not 
wise for a State to change its constitution without 
serious reasons; but it would also be very unwise for 
the citizens to have to live under a constitution which 
did not meet the approval of the majority of the 
voters. Such a condition of affairs would breed 

♦ This act, however, is often omitted. 



158 CIVIL GOVERNMENT OF LOUISIANA 

discontent and dissatisfaction that would, in turn, 
interfere with the prosperity of the people. The con- 
stitution of Louisiana has no article concerning a new 
instrument of government; that is. it has no provision 
for its own destruction. Nevertheless the General 
Assembly may, by a simple majority of its members, 
and the approval of the governor, or by a two-thirds 
vote in case of his disapproval, order that a conven- 
tion shall assemble and frame a new constitution for 
the State. The delegates to such a convention are 
elected by the people, and, when they have drawn up 
a constitution, it is often submitted to the people for 
their approval. If the majority vote for its adoption, 
it takes the place of the old constitution. In the 
South, of late years, there has been a strong tendency 
to accept the constitution as framed by the conven- 
tion without submitting it to the people. In Mis- 
sissippi, South Carolina, and Louisiana the present 
constitutions went into effect without the direct ap- 
proval of the people. This is a return to the method 
by which the earliest constitutions of the States were 
generally adopted. 

1 79. Amendments. — In case the constitution of 
a State requires only minor changes, it may be 
amended. While every constitution provides for 
amendments, it is regarded as desirable that the 
inhabitants of a State should not modify their form 
of government except for good reasons. Hence it is 
made somewhat difficult to adopt amendments. In 
Louisiana, any bill may become a law if it receives a 
majority vote of the General Assembly and is not 
vetoed by the governor; but when an amendment to 



CONSTITUTIONS 



159 



the constitution is proposed, it must receive a two- 
thirds vote of all the members elected in each House 
before it can be submitted to the people, though the 
.governor's approval is not necessary. Then at the 
next election it must obtain the approval of the 
majority of those voting on the amendment before it 
l)ecomes a part of the constitution. The result of 
the election is made known by the proclamation of 
the governor, 

1 80. Office of the Constitution. — The Constitu- 
tion of the State is its fundamental law. It creates 
the various departments of the government, and pre- 
scribes the duties of each. If any laws are passed by 
the General Assembly that seem to conflict with the 
constitution, they may be tested by bringing some case 
involving the law before the courts, and if the law is 
declared unconstitutional, it becomes null and void; 
that is, it cannot be executed. 

The older constitutions in Louisiana were much 
briefer than the present one, which contains more 
than 40,000 words, and has a multitude of articles, 
making provision for both the local and the general 
government of the State. The design in making a 
constitution so elaborate an instrument is to cover a 
large number of points on which laws might be 
passed, and thus give very little scope to the legis- 
lature. As the constitution is not easily changed, the 
government of the State is thus rendered more stable.* 



*See Hinsdale's American Gover7iment, Introduction. 



CHAPTER XXIV 



LOCAL GOVERNMENT 



Before taking up the main divisions of the State 
government — the legislative, the executive, and the 
judicial — it will be well to examine the manner in 
which the local government is conducted. 

181. The Parish Government. — For local 
administration the State of Louisiana is divided into 
fifty-nine parishes, corresponding to the counties of 
other States. These parishes are corporate bodies, 
which can own property and sue or be sued in the 
courts. They are all created by acts of the Legis- 
lature. New parishes may be formed from the older 
ones, provided that no parish thus made shall contain 
less than 625 square miles of area or fewer than 
7,000 inhabitants; and provided, also, that no parish 
boundaries shall be changed unless the proposed 
change is approved by two-thirds of the voters in 
the parish or parishes affected at an election held for 
the purpose. Furthermore, if one parish wishes to 
be merged into another, it must obtain the consent of 
two-thirds of its own voters as well as the consent of 
a majority of the voters in the other parish. 

182. Wards. — The ward is the smallest political 
unit of the parish. When a parish is created by act 
of the General Assembly, the same act determines 
the number of 'wards, though the boundaries are laid 
out by the police jury. If it is desired to create a 



160 



LOCAL GOVERNMENT l6l 

new ward from an old one, a special act of the 
General Assembly is necessary. 

183. Police Juries. — The inhabitants of each 
parish are allowed to manage their local affairs 
through a representative body called a police jury. 
The members of this body were formerly appointed by 
the governor, but since 1896 they have been elected 
by the voters of the different wards. (The parish of 
Orleans is under the government of the City of 
New Orleans, and will be considered separately.) 

184. Powers and Duties of Police Jurors.— 
These powers and duties, which have been deter- 
mined by various acts of the legislature, are so 
numerous that only the principal ones can be men- 
tioned here: 

(i). Police jurors fix the dates of their regular meet- 
ings and of such other meetings as they may deem 
necessary, and make all necessary regulations for con- 
ducting business at such meetings. (2). They attend 
to the making and repairing of roads, bridges, levees,, 
etc., and levy a limited tax for the same. (3). They 
regulate houses of public entertainment, and impose a 
license charge on peddlers, keepers of barrooms, etc. 
(4). They lay such taxes (within the limits fixed by 
the Constitution) as they deem necessary for the 
expenses of the parish, and they appoint a treasurer 
to keep the parish funds. (5). They provide for the 
support of the parish paupers. (6). They publish an 
estimate of the expenditures of the parish, and every 
year they send to the State Auditor a complete state- 
ment of the financial condition of the parish, with the 
amount of its debt, the rate of taxation, etc. 



1 62 CIVIL GOVERNMENT OF LOUISIANA 

185. Qualifications, etc., of Police Jurors. — 
The members of a police jury must be twenty-one 
years of age ; they must have been citizens of the 
State for five years and actual residents of the election 
district for two years preceding their election. In 
addition, they must be able to read and write, and 
must possess in their own right, or through their 
wives, property worth $250. They are elected for 
four years — one from each ward of the parish. Every 
ward, however, is entitled to an additional juror for 
each 5,000 inhabitants, and yet another for each addi- 
tional 5,000 or part thereof in excess of 2,500. Police 
jurors receive a compensation of $2 a day for each 
day that they are actually employed in the service of 
the parish. 

186. Other Parish Officers. — Each parish has, 
also, justices of the peace, constables, a sheriff, a cor- 
oner, a board of school directors, and a superintendent 
of public schools. All these have a share in the local 
government. The justices of the peace, as their name 
indicates, aid the police juries in keeping the peace of 
the parish, and the constables are the special ofBcers 
of their courts. The special functions, however, of 
the justices of the peace, the constables, the sheriff, 
and the coroner will be treated below under Parish 
Courts. As to the school ofBcers, they will be more 
conveniently considered under the head of Education. 

1 87. The Parish Seat. — In each parish there is a 
special town where the public business of the parish is 
transacted. This is called the parish seat. Here we 
find the courthouse, the jail, and other public build- 
ings. As it is centrally located, the parish seat fre- 



LOCAL GOVERNMENT 1 63 

quently forms the nucleus of a prosperous settlement, 
where the inhabitants of the whole parish may gather 
for purposes of trade, or to listen to public speeches 
in political campaigns. 

1 88. Limitations of Local G-overnment. — From 
the description just given of parish government, it 
will be seen that each parish enjoys considerable lib- 
erty in the management of its own affairs. This is a 
wise provision, for those who live in a small district 
know better than the high officials of the State what 
they need, and the responsibility thrown upon them 
helps to train them in political matters. Still, it is to 
be remembered that the parish government is created 
by the Constitution and the laws of the State, and is, 
therefore, strictly subordinate to them. 



CHAPTER XXV 



3 



EDUCATION : PUBLIC SCHOOLS 

\ 89. Importance of Public Education.— Within 
the last twenty years the State of Louisiana has appre- 
ciated more than ever before the necessity of estab- 
hshing and keeping up a good system of pubHc educa- 
tion. Only through the public schools can the mass 
of the people be prepared for an intelligent exercise of 
their duties as citizens. Hence it has been wisely said 
that the education of its young citizens is a debt that 
every State owes to posterity. Moreover, it is now 
generally admitted that public education strongly 
tends to diminish crime in a State, thereby aiding the 
progress of the citizens towards a higher plane of civ- 
ilization. The experience of England strikingly illus- 
trates this fact. That country, with its numerous 
private and its richly endowed church schools, thought 
it unnecessary until the year 1870 to establish a sys- 
tem of public free schools. The influence of the new 
system has been remarkable, * ' Since the act of 
1870," says Sir John Lubbock, "the number of chil- 
dren in English schools has increased from 1,500,000 
to 5,000,000, and the number of persons in prison has 
fallen from 12,000 to 5,000, The yearly average of 
persons sentenced for the worst crimes has declined 
from 3,000 to 800, while juvenile offenders have fallen 
from 14,000 to 5,000. These figures are a confirma- 
tion of Victor Hugo's saying that ' He who opens a 

164 



EDUCATION : PUBLIC SCHOOLS 165 

school closes a prison.' " Not only does ignorance 
often result in crime, but it also takes away a man's 
independence. The citizen that is totally uneducated 
is like a blind man, for he may stumble at any step. 
As he is dependent upon others for guidance, he 
thereby loses much of his liberty. 

1 90. Compulsory Education. — In some States 
there is a law compelling parents to send their chil- 
dren between certain ages (if they are not already 
attending private schools) to the public schools. Such 
a law is so difficult to enforce that it has often become 
a dead letter, but the existence of the law shows the 
strong feeling that many law-makers have in regard to 
the necessity of public education. In Louisiana no 
such law has been passed. Property owners and male 
adults are taxed for the support of the public schools, 
but everybody may take advantage of them or not as 
he pleases. 

191. The State Organization. — In Part I. of this 
volume a brief history was given of the rise of public 
schools in Louisiana. In this part, therefore, only 
the present organization need be considered. The 
public schools of the State are under the control of a 
Superintendent, elected for four years by the people, 
and of a Board of Education. This Board consists of 
the Governor, who is ex-officio president, the Super- 
intendent, the Attorney General, and six citizens 
appointed by the Governor, one from each Congres- 
sional district. The schools for the white and colored 
races are separately established. 

1 92. Powers and Duties of the State Board. — 
(I.) This board is authorized to provide by-laws and 



1 66 CIVIL GOVERNMENT OF LOUISIANA 

regulations for all the public schools of the State. (2.) 
It chooses for four years the text-books to be used 
throughout the State in the schools. (3.) In every 
parish except Orleans, which is subject to special reg- 
ulations because it coincides with the City of New 
Orleans, the State Board appoints a board of school 
directors, consisting of not less than five nor more 
than nine citizens. (4.) Lastly the board acts as a final 
court to settle any disputes that may arise in the 
school affairs of the parishes. 

1 93. The Parish Board. — This body, as its name 
indicates, has the care of all the schools in its parish. 
It appoints from its own number a president to pre- 
side at its meetings, and it must elect a parish Super- 
intendent, who is ex-officio secretary of the board, and 
who makes reports of all matters concerning the 
schools to the State Superintendent. To the parish 
board is also entrusted the task of dividing the parish 
into school districts, in making which the convenience 
of the people is consulted. These districts sometimes 
correspond with the boundaries of the police wards, 
but they may be made without reference to such 
boundaries. A school district may even include parts 
of two parishes. Lastly, the parish board receives, 
and apportions to each district, the school fund in 
proportion to the number of persons between the ages 
of six and eighteen (the school age); and determines 
the number of schools to be opened, and their loca- 
tion, as well as the number of teachers, their salaries, 
etc. 

\ 94. Examination and Appointment of Teach- 
ers. — The parish superintendent, with the assistance 



EDUCATION : PUBLIC SCHOOLS 1 67 

of two competent persons appointed by the board, 
holds examinations for all persons seeking positions as 
teachers in the parish, and issues certificates to the 
successful applicants. Graduates of the State Normal 
School, however, are not required to take an exami- 
nation. All teachers who obtain positions must be 
appointed by a committee, composed of the president 
of the board, the parish superintendent, and a mem- 
ber selected by the board. 

1 95. The State Superintendent. — This officer is 
required to make a report every two years to the Gen- 
eral Assembly, containing the separate reports of the 
parish superintendents and a summary of the amounts 
collected and spent for the public schools of the State, 
together with suggestions for the improvement of the 
whole system. As the executive officer of the board, 
his duty is to see that the school system is properly 
carried into effect.* His salary is $2,000 a year. 

1 96. Language. — The Constitution provides that 
the general exercises of the schools shall be in the 
English language, but that the elementary branches 
may be taught in French in those parishes vv^here the 
French language predominates. Most of the French- 
speaking parents, however, prefer that their children 
should study text-books written in English, and thus 
acquire that language. 

I 97. The Schools of New Orleans. — The schools 
of New Orleans are managed in pretty much the same 
manner as the other schools of the State. The school 

*The State Superintendent of Education is ex-officio a member of 
the boards of all institutions of learning that are under the control of 
the State. 



1 68 CIVIL GOVERNMENT OF LOUISIANA 

board, however, is chosen in a peculiar manner. It 
is composed of twenty members, twelve of whom are 
elected by the City Council, while the remaining 
eight are appointed by the Governor, with the 
approval of the State board. The members of the 
city board hold office for four years, but in order that 
the policy of the board may not run the risk of being 
changed every four years, it is provided that five of 
the twenty must be appointed and elected annually. 
Thus there is never a wholly new set of members. 
(Compare the terms of the U. S. Senators in the Fed- 
eral Constitution, Art. i, sect. 3.) The board is 
authorized to appoint for " the constant supervision 
and periodical examination of the schools ' ' an expe- 
rienced educator to be known as Superintendent. This 
important officer holds examinations for teachers, 
makes reports both to the city and State boards, and 
supervises the whole system of city schools. His sal- 
ary is $2,500 a year. 

1 98. Summary of Public School Organization : 

A. State Board, composed partly of ex-officio mem- 
bers and partly of members appointed by the Gov- 
ernor. 

B. State Superintendent, elected by the people, 
member of the Board, and its executive officer. 

a. Parish Boards, appointed by the State Board. 

(i.) Parish Superintendents, elected by Par- 
ish Boards. 

b. New Orleans or City Board, partly elected by 

the Council, and partly appointed by Gov- 
ernor, (i.) City Superintendent, appointed 
by the City Board. 



EDUCATION : PUBLIC SCHOOLS 169 

199. Funds for Public Schools.—The public 
schools are supported from the following sources of 
revenue: 

(i.) The proceeds of a poll tax. This is a tax of 
one dollar per head (poll), levied upon every male 
resident of the State between the ages of twenty-one 
and sixty years. The proceeds are entirely devoted 
to the support of public schools, but they are not dis- 
tributed like the proceeds of other taxes; each parish 
receives only as much as it has been able to collect. 
Under the Constitution of 1879 all male adults were 
required to pay this tax; but, as a general rule, it was 
collected only from those whose names were on the 
regular tax lists or who took out licenses. Hence the 
sums collected were much smaller than they should 
have been. The present Constitution, however, 
requires that after the State election of 1900, no per- 
son under sixty years of age who has not paid his poll 
tax for two years, shall be allowed to vote. This 
provision may be repealed or modified by the General 
Assembly elected in 1908. 

(2.) Not less than one and one-quarter mills of the 
six mills tax levied and collected by the State. This 
is the largest source of revenue. 

(3.) The proceeds of the sales of all lands or other 
property donated to the State for school purposes. 

(4.) The proceeds of all other property, except 
unimproved lands, donated to the State and not desig- 
nated for other purposes; and also of all estates that 
fall to the State in default of heirs. 

(5) Except in the parish of Orleans, all fines 
imposed by the district courts for violation of law, and 



lyO CIVIL GOVERNMENT OF LOUISIANA 

the amounts collected on forfeited bonds, less com- 
missions, must be paid over to the treasurers of the 
parishes in which they are collected and be applied to 
the support of public schools. 

(6.) Sixteenth Sections. A special school fund is 
derived from the so-called -sixteenth sections," the 
origin of which will be explained below. 

(7.) Tax on inheritances, legacies, and donations. 
The legislature has power to levy, solely for the sup- 
port of public schools, a tax upon all inheritances, 
legacies, and donations; provided, that no direct 
inheritance, or donation, to an ascendant or descend- 
ant, below $10,000 in amount or value shall be so 
taxed; provided further, that no such tax shall exceed 
three per cent for direct inheritances and donations to 
ascendants and descendants, and ten per cent for col- 
lateral inheritances, and donations to collaterals or 
strangers. Bequests to educational, religious, or 
charitable institutions are exempt from this tax. 
Moreover, this tax cannot be enforced when the prop- 
erty donated or inherited has borne its just proportion 
of taxes in the State prior to the time of the donation 
or inheritance. This is the first time in the history of 
Louisiana that any provision has been made for this 
kind of taxation. 

(8.) Local Taxation. Except in the parish of 
Orleans, the police jurors of the different parishes, as 
well as the councils of cities, towns, and villages may 
levy for their respective schools a tax of one and one- 
half mills out of the ten mills tax permitted by the 
Constitution. Moreover, any parish, municipal cor- 
poration, ward, or school district may levy for the 



EDUCATION : PUBLIC SCHOOLS 



171 



support of public schools, or for building school 
houses, a special tax without limitation of rate, pro- 
vided that the said tax shall have been submitted to a 
vote of the property taxpayers of the district, and a 
majority of the voters in numbers and in value of 
property voting at the election, shall have voted there- 
for. At such elections women who are taxpayers 
have the right to vote, either in person, or through 
their agents authorized in writing. 

200. The Revenue of the New Orleans Schools. 
— A large number of the handsome school houses in 
the city have been built out of a donation made by a 
former citizen of New Orleans, John McDonogh; but 
this fund is devoted entirely to school buildings. The 
city makes such appropriations for the establishment 
and maintenance of the public schools as it thinks 
proper; but it cannot appropriate less than eight- 
tenths of one mill for any one year. Besides this 
appropriation, it receives its share of the current 
school fund collected by the State. Out of its funds 
it appropriates $2,000 to the purchase of text-books 
for indigent pupils in the primary grades. 



CHAPTER XXVI 

OTHER DIVISIONS OF THE STATE 

In order to avoid confusion, it will be necessary just 
here to remind the reader that, besides the division 
into parishes, wards, school districts, and townships, 
which have already been described, the State is 
further divided into various districts for various pur- 
poses. 

20 1. Congressional Districts. — These districts 
elect representatives to the lower house of Congress. 
The number of representatives to be sent by each 
State is fixed by Congress itself, according to the popu- 
lation of the State, only each State is entitled to at 
least one.* The State, however, determines the boun- 
daries of the districts. Louisiana has six congress- 
men and the General Assembly has divided the State 
into six districts. It may be added that every State 
sends two senators to the Federal Congress, but as 
these are elected by the General Assembly from any 
part of the State, there is no division into senatorial 
districts, except, as explained below, for State pur- 
poses. 

202. State Representatives Districts. — These 
elect representatives to the lower house of the Gen- 

* The ratio of representation based on the Census of 1890 is one 
representative for every 173,901 inhabitants. As the population of 
Louisiana in 1890 was 1,118,587, it will be seen that the State is en- 
titled to six representatives. 



OTHF.R DIVISIONS OF THE STATE 1 73 

eral Assembly. Their boundaries were fixed by the 
Constitution of 1898, but every ten years, after the 
United States census is taken, the General Assembly 
is required to apportion the representatives among the 
several parishes and election districts according to the 
total population. This is done by fixing a representa- 
tive number, and then assigning to each district as 
many representatives as its whole population entitles 
it to, with an additional representative for any fraction 
exceeding one-half the representative number. The 
Constitution, however, places two restrictions upon 
the General Assembly by requiring that each parish 
and each ward of New Orleans, whatever its popula- 
tion, shall have at least one representative, and that 
the total number of representatives shall not exceed 
1 16, nor fall below 98. The present number is 1 14. 

203. State Senatorial Districts. — These elect 
Senators to the upper house of the General Assembly. 
Every tenth year, if a new apportionment of represen- 
tatives is made, the General Assembly is required to 
divide the State into senatorial districts. The boun- 
daries of the present districts, however, were fixed by 
the present Constitution, and have not been changed. 
No parish except Orleans can be divided in the forma- 
tion of a senatorial district, and the total number of 
Senators cannot exceed 41, nor fall below 36. The 
present number is 39. 

204. Judicial Districts. — These districts are laid 
out for the sessions of the various courts of the State. 
Their boundaries are fixed by the Constitution, but 
may be changed by the General Assembly. 

205. Levee Districts. — As much of the alluvial 



t 



174 CIVIL GOVERNMENT OF LOUISIANA 

land of Louisiana is subject to overflow, a number of 
levee districts have been created by acts of the Gen- 
eral Assembly. Within these districts there are 
boards of Levee Commissioners, appointed by the 
Governor, and authorized to levy a special tax upon 
the inhabitants for the maintenance and repair of the 
levees. (See under Taxation, Chap, XIIL) 



CHAPTER XXVII 

CITIES, TOWNS, AND VILLAGES 

206. Classification.— By an Act of the General 

Assembly passed in 1898, municipal corporations are 
divided into three classes, viz., cities, towns, and vil- 
lages. Those having 5,000 or more inhabitants are 
cities; those having less than 5,000 and more than 
1,000 are towns; those having less than 1,000 and 
more than 250 are villages. Whenever the municipal 
authorities of a city, town, or village represent to the 
Governor of the State that the number of inhabitants 
has increased or diminished, and that the municipality 
is therefore wrongly classified, the Governor must 
investigate the matter, and declare by proclamation 
the proper classification. If the national or State 
census shows that the number of inhabitants in any 
municipality has fallen below 100, the Governor 
must abolish the municipality, and it can no longer 
exercise any corporate powers or functions. 

207. Method of Incorporation. — No municipal 
corporation can be created with less than 250 inhabit- 
ants. Whenever two-thirds of the voters of any 
hamlet or unincorporated village present to the Gov- 
ernor a petition, setting forth the metes and bounds of 
their hamlet, stating the number of inhabitants, and 
praying for incorporation, the Governor must enquire 
into the facts. If he finds that it has a sufficient 
number of inhabitants, and that the petition has been 
properly advertised, he must declare by proclamation 

175 



176 CIVIL GOVERNMENT OF LOUISIANA 

that the said hamlet is incorporated as the "Village 

of—." 

208. G-overnment of an Incorporated Village. — 
A hamlet seeks incorporation that it may have the 
privilege of suing and being sued in the courts, that it 
may enter into contracts like an individual, that it 
may hold property, and that it may govern itself 
through its own elected officers. When a village is 
first incorporated, however, the Governor appoints all 
the officers thereof, and they hold their offices until 
the next general municipal election is held, and until 
their successors are qualified. The officers of every 
municipality are the mayor, the aldermen, the mar- 
shal, the tax collector, and the street commissioner. 
The number of aldermen in a city must not be less 
than five nor more than nine; in a town there must be 
five, and in a village three. The mayor, the alder- 
men, and the marshal are elected by the people, 
while the other officers are elected by the board of 
aldermen. Any municipality may provide for the 
election of such other officers as the growing needs of 
the community may require. 

209. Powers of Mayor and Aldermen. — The 
mayor and board of aldermen of every city, town, or 
village have the care, management, and control of 
their municipal corporation and its property and 
finances. They have power to pass ordinances that 
are not contrary to the laws of the State, and to alter 
or repeal the same. They levy and collect taxes, 
make regulations for the general health of the com- 
munity, make needful police regulations, maintain 
streets, provide waterworks, erect school houses, etc. 



CITIES, TOWNS AND VILLAGES 1 77 

2 1 0. Additional Powers in Cities and Towns. 

The mayor and aldermen of cities and towns have 
further powers not granted to the government of 
villages. They may establish and regulate hospitals, 
provide for the erection of lamp posts and the hghtirig 
of streets and parks, establish public libraries, main- 
tain a regular fire department, etc. In cities and in 
towns of more than 2,000 inhabitants, still larger 
powers are granted; such as to levy license charges 
upon trades and professions, to establish free wharves, 
etc. 

211. Duties of the Mayor.— The mayor is the 
executive officer of the municipality. He presides at 
the meetings of the aldermen, and, in case of a divi- 
sion, has the deciding vote. He may veto any 
measure, but the measure may still be adopted if two- 
thirds of the aldermen vote for it thereafter. He 
must be active and diligent in enforcing all laws and 
ordinances. He must also preside in a court for the 
trial of violations of the ordinances, and must impose 
lines and penalties. As soon, however, as a city con- 
tains more than 5,000 inhabitants, it elects a city 
judge, who takes the place of the mayor as a judicial 
officer, with a wider jurisdiction. 

212. Duties of Other Officers. —The marshal is 
ex-officio constable of the municipality. He is also 
chief of police, and performs all other duties required 
of him by the ordinances. The tax-collector collects 
and pays over all taxes levied, and performs other 
duties required. The street commissioner, as his title 
indicates, has general control, under the direction of 
the mayor and aldermen, of streets, alleys, and side- 



178 CIVIL GOVERNMENT OF LOUISIANA 

walks, and sees that they ai;e kept in good condition. 
The street commissioner and clerk may be an alder- 
man, and the clerk or marshal may be the tax-col- 
lector or assessor, if the mayor or aldermen so decide. 
2 1 3. The Act Applicable to Existing Munici- 
palities. — The provisions of the Act given above do 
not apply to cities containing more than 200,000 
inhabitants (New Orleans is the only one), and they 
do not apply to any existing municipalities, unless it 
be determined by a majority vote of the electors 
therein, to be cast at an election held for the purpose, 
to come under the operation of the Act. Such an 
election must be held on the petition of twenty-five 
voters who are freeholders. If any existing munici- 
pality decides not to come under the provisions of the 
Act, and yet wishes to amend its charter, it may do so 
in the following manner. The mayor and aldermen 
prepare the proposed amendments in writing, and, 
after publishing them for three weeks, they submit 
them to the Governor, who submits them to the attor- 
ney-general of the State. If the latter declares that 
they are consistent with the laws of the State and of 
the United States, and if there be no protest against 
the amendments by one-tenth of the electors in the 
municipality, the Governor approves the amendments, 
and, when recorded, they have the effect of law. It 
is to be noted that if a municipal corporation has not 
less than 2,500 inhabitants, its charter may be 
granted, renewed, or amended by a special act of the 
General Assembly. As New Orleans is the largest 
city in the State and its government has some peculiar 
features, it will be well to consider it separately. 



CHAPTER XXVIII 

THE CITY OF NEW ORLEANS 

2 1 4. Area of the City.— The corporate Hmits of 
the city embrace the original parish of Orleans and a 
portion of Jefferson parish, which portion is now a 
part of Orleans. These boundaries enclose an area of 
nearly 199 square miles, though the inhabited portion 
of the city is only 37 square miles. 

215. The New Charter. — In 1896 New Orleans, 
dissatisfied with its existing charter, submitted a new 
charter for the approval of the General Assembly. 
As soon as this charter was granted, it was put in force 
as far as possible, and it promises to be entirely satis- 
factory to a majority of the inhabitants. As the city 
has more than a quarter of a million inhabitants, it 
requires far more officials than the mayor and alder- 
men that every small town or city, when it is incor- 
porated, is required to elect. In fact the government 
of a great city like New Orleans is so complex that to 
be well understood its charter has to be carefully 
studied. Only the leading features of the charter can 
be given here. 

2 1 6. Municipal Districts, etc. — The city is 
divided into seven municipal districts, which in turn 
are subdivided into seventeen wards. To each of 
these districts a certain number of representatives in 
the City Council is assigned, and these are elected in 
some cases from the wards composing the districts, 
and in other cases from the districts at large. This 

179 



"I 



l80 CIVIL GOVERNMENT OF LOUISIANA 

lack of uniformity is due to various amendments to the 
charter that were made in the General Assembly, 
will doubtless be corrected in the near future. 

2 I 7. The Council, or Legislative Department. — 
This body, unlike the General Assembly, consists of 
only one chamber. The number of members from 
each district is fixed by the charter, the whole number 
being seventeen. Like the other city officials they 
are chosen for four years. As soon as they are elected, 
they meet and elect by ballot a president, who 
administers the oath of office to the new mayor. 

218. Salaries. — It is customary in most cities of 
the Union for councilmen to serve without salary, and 
this was formerly the custom in New Orleans. The 
new charter, however, provides that every councilman 
shall receive $20 for attendance at each monthly 
meeting, if he has also attended the called or special 
meetings of the same month. The intention of this 
provision is not so much to reward the councilmen in 
proportion to their services as to offer a premium for 
regular attendance. The president of the council, 
however, receives a salary of $2,000 a year. 

2 1 9. Powers and Duties of the Council. — The 
most important of these are : (i) to preserve the peace 
and good order of the city ; (2) to maintain its clean- 
liness and health by providing a proper system of 
drainage, etc. ; (3) to prevent the sale of adulterated 
or decayed food ; (4) to keep bridges and streets in 
repair ; (5) to organize and maintain public schools ; 
and (6) to exercise a general police power. The 
council must sit with open doors that the public may 
attend and listen to its deliberations. 



THE CITY OF NEW ORLEANS l8l 

220. Executive Department. — The executive 
powers are vested in a mayor, a comptroller, a treas- 
urer, a commissioner of public works, a commissioner 
of police and public buildings, and a city engineer. 
The three first are elected by the people for four years;, 
but the others are appointed by the mayor with the 
consent of the council. It will be seen that a large- 
appointive power is granted to the mayor, who is held 
responsible for the efficiency of his appointees. In 
this particular the charter of New Orleans is in accord 
with other charters that have been recently made for 
large cities. It is generally believed that if a good 
man is chosen as mayor, it is safe and wise to trust 
him with the appointment of the heads of depart- 
ments. Two exceptions, however, to this appointive 
power are very generally made. As the treasurer has 
the keeping of the city's money, and as the comp- 
troller signs the warrants on which this money is paid 
out, these officers are elected by the people, who like 
to hold those that handle their money responsible to 
them. 

22 I . The Mayor. — The Mayor is the chief execu- 
tive officer of the city. He occupies very nearly the 
same position in the city as the Governor in the State. 
It is his duty to see that all the laws and ordinances 
of New Orleans are executed and enforced. He must 
also sign all contracts entered into by the city. As the 
Governor is commander in chief of the State militia, so 
the Mayor is commander in chief of the police force of 
the city. All ordinances and resolutions passed by 
the Council must be submitted to the Mayor for his 
consideration. If he signs them, they become law. 



l82 CIVIL GOVERNMENT OF LOUISIANA 

If he disapproves of them, he must return them with- 
in five days to the Council with his v/ritten objections. 
To become law the said ordinances, when thus vetoed, 
must be repassed by two-thirds of the Council elected. 
This is called "passing over the veto." If the Mayor 
fails to return an ordinance with his objections in live 
days, this failure has the force of a veto. The salary 
of the Mayor is $6,000 a year. 

222. The Granting of Franchises.^ — Ordinances 
granting franchises, such as the privilege of operating 
a street railway, etc. , are regarded as so important 
that they are passed in a different manner from other 
ordinances. When such an ordinance has been passed 
by the Council, it must be sent to the Mayor, who 
calls together the other members of the Executive 
Department to consider it with him. They, or any 
four of them, may approve, amend, or reject the 
ordinance. If they amend, the amendments must be 
accepted by a majority of the Council before the ordi- 
nance is finally sent to the Mayor for his veto or 
approval. 

223. The Treasurer and the Comptroller. — The 
duties of these officials have been mentioned above. 
The treasurer has the care of all the moneys of the 
Corporation, which he pays out on the warrants of 
the comptroller and the Mayor. The comptroller has 
general superintendence of the finances of the city, 
and twice a year he must lay before the Council and 
the Mayor a full report of its financial affairs. The 
duties of the other members of the Executive Depart- 
ment are sufficiently indicated in their titles. 

224. Board of Civil Service Commissioners. — 



THE CITY OF NEW ORLEANS 1 83 

Some of the large cities have found it wise to intro- 
duce into their charters provisions for the appoint- 
ment of a board of civil service commissioners. The 
duty of such a board is to subject applicants for the 
minor offices and places in the government of the city 
to an examination. This method of selecting officials 
destroys the old system of patronage under which the 
heads of departments rewarded their friends by giving 
them lucrative positions in the city government. By 
a good civil service system only the worthiest and best 
qualified persons can obtain positions. It insures the 
best possible service to the government, for it rewards 
merit instead of political service. By the charter of 
1896 such a board was created for the first time in the 
history of the city. After it had served for four years, 
an act of the Legislature was passed making provision 
for a new board and effecting important changes in 
the whole system. 

Appointment and Duties. — As at present consti- 
tuted, the board consists of the mayor, the treas- 
urer; and the comptroller, and two citizens to be 
appointed by the mayor, by and with the advice and 
consent of the council. These appointees, however, 
hold office only during the term of the appointing 
powers. The board is required to classify all offices 
and places except such as are exempt by law, and no 
appointment is to be made to these offices and places 
except in accordance with the rules of the civil serv- 
ice. Within thirty days after the beginning of each 
municipal administration, a general examination is 
held by the board, or by such examiners as it may 
appoint, for all applicants for positions in the classi- 



184 CIVIL GOVERNMENT OF LOUISIANA 

fied service, and all persons holding or desiring to 
hold positions in the service are obliged to undergo 
the same. From the lists of successful candidates, 
appointments are made by the heads of departments ; 
but no appointee holds his position beyond the expi- 
ration of the term of the appointing officer, except the 
appointees of the board of police commissioners, the 
board of fire commissioners, and the sewerage and 
water board, whose tenure of office is during good 
behavior. Besides the general examination every four 
years, special examinations are held as they are found 
necessary for those who seek promotion from rank to 
rank, etc. The new law makes a number of exemp- 
tions from the civil service rules which did not exist 
under the old law. These exemptions are as follows : 
(i) chief clerks, secretaries, cashiers, receivers of pub- 
lic money, and stenographers ; (2) attorneys, civil 
engineers, surveyors, city physician, city chemists, 
superintendent of the city fire alarm, and the city 
electrician, and the captain of the police jail ; (3) the 
officers of the city council ; (4) street laborers, street 
bridge carpenters, drivers, watchmen, porters, and 
janitors, except as to physical abilities to perform their 
duties ; (5) all Confederate veterans with a good 
record. 

225. Board of Fire Commissioners. — This board 
consists of nine members, elected one from each munic- 
ipal district and two from the city at large. The 
board appoints a chief engineer, and, under the civil 
service rules, holds its own examinations for other 
officials. 

226. Board of Police Commissioners. — This 



THE CITY OF NEW ORLEANS 1 85 

board consists of seven members, elected by the 
council for twelve years, two going out every four 
years. The mayor and the commissioner of public 
works are ex-officio members. The mayor is the pre- 
siding officer, though a president /r<9 tempore is always 
elected to take his place when he cannot attend. 
The board appoints a superintendent of police, and 
has general control of the police force, but all other 
appointments and promotions are subject to civil 
service rules. The members of the board receive no 
salary. {Recorders' Courts. See Chapter X under 
Courts. ] 

227. Sewerage and Water Board. — The city 
having been authorized to issue bonds for the impor- 
tant work of sewerage and drainage, a board has been 
established for constructing, controlling, maintaining, 
and operating the public water system and sewerage 
system. It is composed of the members of the drain- 
age commission, as now constituted, together with a 
citizen property taxpayer in each of the seven muni- 
cipal districts of New Orleans, to be appointed by the 
Mayor, with the consent of the council, for twelve 
years. The appointment of this board marks a new 
era in the history of the city. 

228. Taxation. — Once in every twelve months 
the City Council must make out a detailed estimate 
exhibiting the various items of liability and expendi- 
ture, including the requisite amount for all city 
expenses during the year, and must levy such taxes 
as may be necessary to meet these liabilities and 
expenditures. Besides these taxes an annual license 
is imposed on certain occupations and professions. 



l86 CIVIL GOVERNMENT OF LOUISIANA 

The property of the city is also taxed by the State 
for its own expenses. It must be added that the city 
has not an unUmited power of taxing itself. Taxa- 
tion is controlled by the General Assembly under 
certain conditions imposed by the constitution. All 
this we shall see more clearly when we consider the 
subject of State taxation. As New Orleans has a 
large debt, amounting to miany millions of dollars, its 
rate of taxation is high. It levies 2.2 per cent — one 
per cent for actual expenses, one per cent for the 
city debt, and two mills for drainage, etc. The State 
adds six mills, making 2.8 per cent on the dollar. 
As there is a levee tax of seven-tenths of a mill, the 
total rate is 2.87 per cent. 

229. Other Appointees of the Mayor. — Besides 
the heads of departments already mentioned, the 
mayor appoints, with the consent of the council, a 
city attorney and a city notary. The attorney is the 
legal adviser of the city, and represents it in all suits 
in which it may have an interest. He holds office for 
six years and receives a salary of $6,000 a year. The 
city notary prepares all contracts, acts of purchase 
or sale, etc., to which the city is a party. The notary, 
the attorney, and all other appointees of the mayor 
are removable by him at his pleasure. 

230. Date of Elections. — In order to separate 
city affairs as far as possible from State affairs, and 
thus exclude party government from the former, it has 
become customary in many large cities to hold the 
city elections on a different day from that of State 
elections. It is easier under these circumstances to 
elect as mayor, etc. , the best men, whether they be 



THE CITY OF NEW ORLEANS 1 87 

republicans or democrats; for the citizens will be more 
likely to vote without reference to party lines. A city 
is now rightly regarded as a large business corpora- 
tion which should be taken out of politics and managed 
on business principles. Fortunately, the present con- 
stitution recognizes the importance of such a regula- 
tion, and provides that in New Orleans the elections 
for parish and city offices shall always be held on the 
same day, but that they shall always be on a day 
separate and apart from the general election for State 
officers. The city elections are now held on the Tues- 
day following the first Monday of November, though 
the General Assembly has power to change this date. 

231. Impeachment and Removal. — The mayor 
and other officers of the executive department may 
be impeached and removed for malfeasance in office, 
gross neglect of duty, or unfitness. A standing com- 
mittee of the council, consisting of five members 
(called the Committee of Public Order) , must con- 
duct the impeachment proceedings. The council, 
except these five members, sits as a court to try such 
cases, and no person can be convicted without a vote 
of at least ten members of the council. When the 
mayor is on trial, the president of the council presides. 

232. Punishment. — If an oi^cer is convicted, he 
may be removed from office and declared incapable of 
holding any office under the city charter. He is still 
liable, 'however, to indictment, trial, and imprisonment' 
according to law for the offence he has committed. 
In addition to removal by way of impeachment, the 
council may, by a vote of two-thirds of its members, 
remove from office any official elected by the council. 



1 88 CIVIL GOVERNMENT OF LOUISIANA 

233. Government of Other Cities. — From the 
outline given above it will be clear that the govern- 
ment of New Orleans includes many departments and 
IS quite complex. There are no other large cities in 
the State, but there are two that contain more 
than 10,000 inhabitants, i.e., Shreveport and Baton 
Rouge. These cities received their charters from 
the General Assembly. The details of these charters 
cannot be given here, but it may be noted that they 
contain provision for a much simpler form of govern- 
ment than that of New Orleans. Neither of them 
gives the mayor the privilege of appointing heads of 
departments, and neither provides for a Civil Service 
Commission. These provisions are the outcome of 
recent ideas concerning city government and apply 
more particularly to large cities. 



CHAPTER XXIX 

THE BILL OF RIGHTS 

Now that we have examined the various forms of 
local government, it will not be very difficult to under- 
stand the working of the State government, which 
has control of the matters that belong to all the 
citizens alike. The State government is created by 
the constitution or fundamental law, to which refer- 
ence has already been so frequently made. Hence 
if we would understand what form of general State 
government we have in Louisiana, we must continue 
to study the constitution of the State. 

234. Origin of the Bill of Rights.— The bill of 
rights, commonly placed at the beginning of a State 
constitution, is intended to secure what are called the 
civil rights of the citizens; that is, the protection of 
person and property, as well as the privilege of pursu- 
ing whatever trade or calling one sees fit to follow.* 
The Bill of Rights in the Constitution of Louisiana is 
for the most part modeled after the Federal Bill of 
Rights contained in the first ten amendments to the 
constitution of the United States. These amend- 
ments, though borrowed from the constitutions of the 
original thirteen States, can be traced back to some 
articles of the famous Bill of Rights by which, in 
1689, constitutional government was established in 
England. Thus if we compare the Louisiana docii- 

*See Hinsdale's American Government, p. 2L 

189 



190 



CIVIL GOVERNMENT OF LOUISIANA 



ment with the EngHsh original, we shall find that 
some important maxims of individual liberty are laid 
down by both in almost the same words. ^ 

235. Articles of the Loiiisiana Bill of Rights. 
Article I. — The first article declares that all govern- 
ment originates with the people, is founded on their 
will, and is instituted solely for their welfare. Its 
proper function is to secure justice to all, preserve 
peace, and to promote the interest and happiness of 
the people. This article is founded on the second 
clause of the Declaration of Independence. It 
expresses the modern idea that the government exists 
for the people and not the people for the government. 
The acts of many sovereigns in ancient times, and of 
some in modern times, have shown that they believed 
the people existed only for the benefit of the govern- 
ment. The Declaration of Independence was a pro- 
test against this idea. 

236. Article II. — This article provides that no 
person shall be deprived of life, liberty, or property, 
except by due process of law. The exact words of the 
article are to be found in the fifth Amendment to the 
Federal Constitution, but there they are intended only 
to protect the individual against the arbitrary action 
of the Federal Government. Here the same protec- 
tion is guaranteed against the State authorities. 

237. Articles III., lY., and V. — These articles pro- 
vide that no State law shall be passed restraining 
liberty of speech or of the press; that there shall be 
no established religion; and that the people may 
always assemble peaceably to petition the State gov- 

*It will be instructive for the student to make this comparison. 



THE BILL OF RIGHTS igi 

ernment for a redress of grievances. The articles are 
copied from the first Amendment to the Federal Con- 
stitution, which applies only to laws passed by Con- 
gress. It must be noted, however, that freedom of 
speech and of the press does not permit persons to say 
at all times exactly what they think. Everybody, for 
instance, is liable to a suit for libel in case he is 
guilty of malicious utterances. Liberty must not run 
into license. 

238. Article VI. — This article simply provides 
that all State courts shall be open, and that for those 
who have received any injuries to their rights there 
shall be no denial of justice or unreasonable delays. 
A similar provision is to be found in the English 
Magna Carta. 

239. Article VII. — This article declares the right 
of the people to be secure in their persons, houses, and 
effects against unreasonable searches by the officers of 
the Government. Search warrants must be issued 
only upon probable cause and with full description of 
the place to be searched and the persons or things to 
be seized. This article, borrowed verbatim from the 
fourth Amendment to the Federal Constitution, is a 
protest against such search warrants as were issued to 
oppress the American colonists just before the Revolu- 
tion. In the Federal-Constitution it applies only to 
warrants issued by the United States courts; here it is 
applicable to the State courts and officers. 

240. Article VIII.— This article declares that a well 
regulated militia being necessary to the security of 
the State, the right of the people to keep and bear 
arms shall not be taken away, but that laws may be 



102 CIVIL GOVERNMENT OF LOUISIANA 

passed to punish those who carry weapons concealed. 
The first part of this article is the same as the second 
Amendment to the Federal Constitution. It secures 
the militia against adverse State laws, and protects 
the individual citizen in the right to keep and bear arms. 

24 1 . Article IX. — This article contains several 
important provisions for the protection of the rights of 
persons accused of crimes. 

(i.) In all criminal prosecutions the accused shall 
have the right to a speedy trial by an impartial jury; 
provided that cases in which the penalty is not neces- 
sarily imprisonment at hard labor, or death, shall be 
tried by the court without a jury, or by a jury less 
than twelve in number. Under the head of Judiciary 
Department special provision is made that all cases in 
which the punishment may not be at hard labor shall, 
until otherwise provided by law, which shall not be 
prior to 1904, be tried by the judge without a jury. 
Cases in which the punishment may be at hard labor 
shall be tried by a jury of five, all of whom must con- 
cur to render a verdict; cases in which the punish- 
ment is necessarily at hard labor, by a jury of twelve, 
nine of whom concurring may render a verdict; cases 
in which the punishment may be capital, by a jury of 
twelve, all of whom must concur to render a verdict. 
It is expected that this provision will facilitate the work 
of the courts by lessening the number of mistrials 
which are likely to occur when the agreement of 
twelve jurors is necessary for conviction. 

(2.) The accused shall have a right to be confronted 
with the witnesses against him; he shall have the 
right to obtain the assistance of counsel and to com- 



I 



THE BILL OF RIGHTS 



195 



pel the presence of witnesses in his behalf. While the 
legislature may provide for the prosecution of misde- 
meanors, no person can be held to answer for a capital 
crime unless on an indictment or presentment by a 
grand jury. This, however, does not apply to the 
members of the militia when in active service in time 
of war or public danger; for at such times they are 
subject to the severer regulations of military tribunals. 

(3.) No person shall be twice put in danger of life 
or liberty for the same offence, except on his own 
application for a new trial, or where there is a mis- 
trial, or a motion in arrest of judgment is sustained. 
A mistrial arises when a jury cannot agree upon the 
guilt or innocence of the accused; or when by sickness 
of a judge, a juror, or the accused, a trial cannot be 
completed. An arrest of judgment is the staying of a 
verdict after conviction on the ground that it would 
be erroneous. With some important changes Article 
IX. is borrowed from the fifth Amendment to the Fed- 
eral Constitution, which applies only to cases in which 
the laws of the United States have been violated. 

242. Articles X. and XI. — In all criminal prose- 
tions the accused shall be informed of the nature and 
cause of the accusation against him; and when tried 
by jury shall have the right to challenge jurors, the 
number of challenges being fixed, by law. No person 
shall be compelled to give evidence against himself in 
a criminal case, or in any proceeding that may subject 
him to criminal prosecution. Similar provisions 
applying to the United States courts are found in the 
Federal Constitution. In old times accused persons 
were compelled by torture or otherwise to incriminate 



194 CIVIL GOVERNMENT OF LOUISIANA 

themselves, but fortunately such evil customs have 
passed away in civilized countries. In regard, how- 
ever, to testifying against oneself, the State Constitu- 
tion (Art. 216) makes one exception, by declaring that 
any person may be compelled to testify in trials of 
contested elections, in proceedings for investigation of 
elections, and in all criminal trials under election 
laws, and shall not be permitted to withhold his testi- 
mony on the ground that it may criminate him or sub- 
ject him to public infamy. Compulsion can be 
exercised only through imprisonment, and his testi- 
mony cannot be used against him in judicial proceed- 
ings, except for perjury in giving such testimony. 

243. Article XII. — Excessive bail shall not be 
required, nor excessive fines imposed, nor cruel and 
unusual punishments inflicted. All persons shall be 
bailable, except for capital offences where the proof of 
guilt seems evident, and except where the accused has 
been convicted of some crime punishable with death 
or hard labor. The first part of this provision, which 
is to be found not only in the Federal Constitution, 
but also in the Bill of Rights, was originally framed 
in England to protect individual liberty against the 
arbitrary action of the king. 

244. Article XIII.— This article provides that the 
famous safeguard of individual liberty, the Writ of 
Habeas Corpus, shall never be suspended by the 
authorities of the State except in cases of rebellion or 
invasion when the public safety may require its sus- 
pension. The object of a writ of Habeas Corpus is to 
prevent any person from being kept in jail or other- 
wise deprived of his liberty, except upon an afBdavit, 



THE BILL OF RIGHTS 



195 



indictment, or information, charging him with crime. 
By means of such a writ, which may always be 
obtained from the proper judge, a jailer may be com- 
pelled to produce his prisoner in court and show by 
what authority he is confined. It is a security against 
unlawful imprisonment. The writ of Habeas Corpus 
is found far back in English history, but it was not 
formulated till 1679, in the reign of Charles II. The 
right to it will be found inserted in Art. I, sect. 9 of 
our Federal Constitution. During the Civil War the 
President of the United States in several instances 
suspended the writ of Habeas Corpus and established 
martial law or military government. Congress, to 
which such action legally belonged, upheld the Presi- 
dent on the ground that a serious rebellion against the 
Government was then in progress. In Louisiana, 
even during the most trying times, the State author- 
ities have never suspended the writ of Habeas Corpus. 
In 1806, when there was much excitement in New 
Orleans over the so-called Burr Conspiracy, Governor 
Claiborne recommended to the Territorial Assembly 
the suspension of the writ, but that body refused to 
adopt his suggestion. General Wilkinson, the comman- 
der of the United States troops, then established mar- 
tial law in New Orleans on his own responsibility ; but 
when the United States courts issued writs of Habeas 
Corpus, Wilkinson thought it wise to give up some 
prisoners that he had arrested. Again in 18 14 Gov- 
ernor Claiborne urged the General Assembly of the 
State to suspend the writ because General Jackson 
wished to incarcerate persons suspectedof favoring the 
British. As before, however, the legislature declared 



Tq6 civil government of LOUISIANA 

that the step was unnecessary. Accordingly, General 
Jackson, following the example of Wilkinson, placed 
New Orleans under martial law, and exercised the 
powers of a dictator until he brought himself in con- 
flict with a United States court by disregarding a writ 
of Habeas Corpus. It will be remembered that he was 
afterwards fined in the same court $i,ooo for having 
made an arbitrary and unnecessary use of martial law- 

245. Article XIV. — This article declares that the 
State militia shall be in subordination to the civil 
authorities. As has been stated before, the Governor 
is the commander-in-chief of the militia, and Article 
301 of the Constitution further declares that he shall 
have power to call it into active service for the preser- 
vation of law and order or when the public service 
may require it. 

246. Article XY.— The last article of the Bill of 
Rights is similar to the IXth Amendment to the Fed- 
eral Constitution. It provides that the foregoing 
enumeration of rights shall not be understood as deny- 
ing or impairing other rights of the people not herein 
expressed. It is intended to guard against the sup- 
position that because certain rights are herein clearly 
expressed, the people of the State possess no others. 
The people possess all rights that they have not 
expressly renounced. Of course it is implied here 
that, in order to enjoy his rights, the citizen must con- 
duct himself as the laws of the State require. If he 
violates the laws, he may be deprived of his liberty 
and even of his life. The Bill of Rights simply pro- 
vides that he shall not be so deprived without due 
process of law. 



I 



CHAPTER XXX 

THE GENERAL ASSEMBLY 

247. Distribution of Powers. — As is the case in 
the Federal Constitution, the powers of the State 
government are distributed among three departments. 
These are the legislative, w^hich makes the laws ; the 
judicial, which interprets or determines the meaning 
of the laws ; * and the executive, which executes 
them. It has always been found wise to keep these 
various departments as far as possible separate and 
distinct, so that each may exercise its functions with- 
out interference on the part of the others. The mak- 
ing of laws is so important a function that the legisla- 
tive department is rightly regarded as the most impor- 
tant department of government. As we shall see, 
however, hasty or unwise legislation may be held 
within reasonable bounds by means of the Governor's 
veto ; while the Supreme Court, besides its other 
functions, may nullify any act of the legislative depart- 
ment which conflicts with the Constitution of the 
State or of the United States. 

248. Composition of Legislative Department. — 
This department is composed of two bodies, the House 
of Representatives and the Senate, which together are 
called the General Assembly. The object of having 
two bodies is that one may serve as a check upon the 
other. 

* It is well to note, however, that the judiciary never interprets the 
law except in its application to a suit actually brought in the court. 

197 



IqB civil government of LOUISIANA 

249. Apportionment. — Under Divisions of the 
State we have already seen how the State is divided 
into representative and senatorial districts, and how 
the apportionment of members is made to these two 
kinds of districts. 

250. Time and Place of Meeting. — The General 
Assembly meets at Baton Rouge every second year on 
the second Monday in May. As Representatives and 
Senators are elected for four years, they attend two 
sessions. A session is limited to sixty days. The 
Governor, however, may call an extra or special ses- 
sion limited to thirty days. 

25 I . Qualifications. — Every Representative must 
be twenty-one years of age and every Senator twenty- 
iive. Both must have been citizens of the State for 
five years and actual residents of their districts for two 
years preceding their election. 

252. Rules. — Each house is a judge of the facts 
in regard to the election of its own members. Each 
house also makes rules for its own government, pun- 
ishes its members for disorderly conduct, and, by a 
vote of two-thirds of the members elected, it may even 
expel one of its number. 

253. Salary and Privileges. — The members of 
both houses receive their traveling expenses and $5 
a day during their attendance upon the session. 
They are privileged from arrest during their attend- 
ance and their journey to and fro, except for treason, 
felony, and breach of the peace. They must not be 
held to account for any speech made in either house. 
This last provision ensures freedom of debate. In 
England in former times the king would sometimes 



THE GENERAL ASSEMBLY 1 99 

punish members of Parliament for speeches made in 
that body. 

254. The Passing of Laws. — Only the leading- 
provisions can be given here: 

(i.) Every law passed must embrace only one 
object, which must be expressed in its title. The 
object of this regulation is clear. 

(2.) Bills may originate in either house, except 
bills for raising revenue or appropriating money. 
These latter must always originate in the House of 
Representatives, though the Senate may propose or 
concur in amendments as in other bills. 

To confine the origin of such bills to the lower 
House is the rule both in England and in America. It 
arose from the fact that the House of Lords and the 
Federal Senate are not elected by the people, and it 
is a recognized principle of government that no money 
shall be taken from the people except through their 
direct representatives. As the State Senators, how- 
ever, are elected by the people from larger districts, 
but in the same manner as the Representatives, there 
seems no good reason for this regulation in State Con- 
stitutions, unless it be urged that the people are more 
fairly represented in the more numerous branch of the 
General Assembly. , 

(3.) Every bill must he read on three different 
days in each house, and before it is voted on, it must 
have been reported on by one of the standing com- 
mittees to which all bills are referred. If a bill fails 
to get a majority of the votes in either house, it is 
dropped. 

(4.) The Lieutenant-Governor is ex-officio president 



200 CIVIL GOVERNMENT OF LOUISIANA 

of the Senate and has a casting vote (in case of a tie), 
but the Senate also elects one of its members a tem- 
porary president to serve in the absence of the Lieu- 
tenant-Governor. The House of Representatives elects 
one of its own members as presiding officer, who is 
known as the Speaker. When a bill has passed both 
houses, it must be signed by the two presiding oiBcers 
and taken immediately to the Governor. His duties 
will be discussed under the Executive Department. 

255. Prohibitions Laid on the General Assembly. 
— It was formerly customary, when constitutions were 
framed, not to limit the powers of the General Assem- 
blies in the making of laws. There was so much 
abuse of these powers, however, especially during the 
period of "Reconstruction" * that all recent Constitu- 
tions in the South show a wholesome fear of too much 
legislation, and we find in them a long list of restric- 
tions upon the legislative department; that is, a list 
of subjects with which the General Assembly is for- 
bidden to meddle. It is true that we find many of 
these forbidden subjects provided for in the Constitu- 
tions themselves, and in such cases it was doubtless the 
intention to prevent those changes of the law which 
naturally result from a succession of legislatures. At 
all events the result, as was said above, has been to 
make the recent Constitutions very long documents, 
full of special laws formerly left to the discretion of 
the General Assembly, and to make the members of 
that body feel that but little confidence is placed in 
their wisdom. There has been much discussion as to 
whether the old or the recent system is the better. 

* See Part I. of this Volume. 



THE GENERAL ASSEMBLY 20I 

The weight of authority seems in favor of the recent 
one. 

256. Prohibitions Enumerated. — Only a few of 
the restrictions laid upon the General Assembly by the 
Constitution of 1898 need be mentioned: 

1. The two most important of these refer to the 
expenditure of money and the contraction of debts, 
(a) The General Assembly shall have no power to 
draw any money from the treasury except by a par- 
ticular or specific appropriation, nor shall any appro- 
priation be made for a longer period than two years. 
The first clause enables the people to know exactly 
for what purposes their money is being spent, and the 
second is intended to limit the power to appropriate 
money that has not yet come into the treasury, (b) The 
General Assembly shall have no power to contract 
or to authorize the contraction of any debt on behalf 
of the State, or to issue bonds except to repel invasion 
or to suppress insurrection. This provision was intro- 
duced for fear that some unwise Assembly might still 
further increase the debt of the State and lay an addi- 
tional burden upon the tax-payers. 

2. The General Assembly is forbidden to pass any 
local or special law on a number of subjects which are 
very carefully enumerated. The principal ones are: 
(i) the regulation of labor, trade, manufacturing, or 
agriculture; (2) the granting of divorces; (3) the open- 
ing or conducting of elections; (4) the creation of cor- 
porations or the amending of their charters, but this 
provision does not apply to large towns or to the 
organization of levee districts or of parishes; (5) the 
exemption of property from taxation; (6) the fixing of 



202 CIVIL GOVERNMENT OF LOUISIANA 

the rate of interest; (7) the management of pubHc 
schools, or the building of school houses or the raising: 
of money for such purposes. Upon the subjects thus 
enumerated only general laws or laws affecting the 
whole State may be enacted. Upon subjects not 
enumerated, special laws may be passed, provided 
that notice thereof has been published for thirty days 
in the district concerned. 

3. It is specially provided that no money shall be 
appropriated to any churches, sects, or denominations 
of religion, or to any charitable institutions, except to 
certain charitable institutions of the State. (See 
under State Institutions.) The first part of this 
article, together with Article IV. of the Bill of Rights, 
provides for the complete separation of church and 
state. All churches must be supported by private 
contributions. 

4. Lastly, the General Assembly is forbidden to 
pass any law by which the State shall subscribe to or 
purchase the stock or capital of any corporation, or 
become a part owner in any kind of corporation or 
private enterprise. This is regarded as a wise pro- 
vision to prevent the State from pledging its name in 
support of any corporations or becoming a speculator 
in the stock of business enterprises. Before 1845 ^.nd 
during the Reconstruction Period, the reader of Part I. 
of this volume will remember, Louisiana incurred 
heavy liabilities by pursuing an opposite course. 

The restrictions thus placed upon the General 
Assembly show what important powers that body 
could exercise if left entirely free. 



CHAPTER XXXI 

THE EXECUTIVE DEPARTMENT 

257. Composition of Executive Department. — 
The Federal Constitution vests the executive power of 
the United States in the President, who appoints all 
the Cabinet officers, or heads in the Executive 
Departments, and thus exercises control over them. 
The Constitution of Louisiana, however, makes the 
Executive Department consist of the Governor, the 
Lieutenant-Governor, the Auditor, the Treasurer, and 
the Secretary of State. As each of these is elected by 
the people and there is no responsibility to the Gov- 
ernor, the latter official does not occupy so important a 
position in the Executive Department as the President. 
Nevertheless, though the Governor does not control 
the actions of the other members of the Department, 
his powers are so much greater than theirs that he 
easily stands out as the most prominent figure in the 
State government. He is vested by the Constitution 
with the supreme executive power. It is very neces- 
sary, therefore, that he should be a man of fine judg- 
ment and sterling honesty. He should have the 
interests of his State thoroughly at heart, and should 
be fearless in the discharge of his duties. 

258. Election of Governor and Lieutenant-Gov- 
ernor. — The qualified electors of representatives to the 
General Assembly vote at the same time for a Gov- 
ernor and a Lieutenant-Governor. The returns for 

203 



204 CIVIL GOVERNMENT OF LOUISIANA 

these officers must be sealed up separately by the 
proper officers of each parish, and sent to the Secre- 
tary of State. He delivers the sealed returns to the 
new General Assembly meeting in joint session, who 
examine and count the votes. The person receiving 
the greatest number of votes for Governor is declared 
elected; but in case two or more persons shall be 
equal and highest in the number of votes cast, one of 
them is immediately chosen Governor by the joint 
vote of the members. The Lieutenant-Governor is to 
be chosen in exactly the same manner. Both officers 
serve for four years. The Lieutenant-Governor may 
succeed himself immediately; but the Governor may 
succeed himself only at the expiration of one or more 
terms after the term for which he has served. The 
salary of the Governor is $5,000 a year. The salary 
of the Lieutenant-Governor is given below. 

259. Qualifications.— Candidates for Governor 
and Lieutenant-Governor must have the following 
qualifications: (i) They must be thirty years of age, (2) 
must have been ten years citizens of the United States 
and for the same space of time residents of the State, 
and (3) must not have held any office under the United 
States government within six months of their election. 

The powers and duties of the Governor will now be 
enumerated. 

260. Pardons and Commutations. — The Gov- 
ernor has power to grant reprieves for all offences 
against the State; that is, he may delay the execution 
of all sentences. Except in cases of impeachment or 
treason, he may, upon recommendation of the Board 
of Pardons (composed of the Lieutenant-Governor^ 



THE EXECUTIVE DEPARTMENT 



205 



the Attorney-General, and the Judge of the Court 
before which conviction was had) or any two of them, 
grant pardons, commute sentences, or release con- 
victed persons from fines and forfeitures. While he 
may grant reprieves to persons convicted of treason 
until the end of the next session of the General Assem- 
bly, that body alone has the power of pardoning 
treason. In cases of impeachment,* there is no par- 
doning power. Hence a person, convicted of treason 
by a jury in a criminal court, could be pardoned, but, 
if convicted by impeachment before the Senate, could 
not be pardoned. To commute a sentence is to 
change it to a milder one. Treason consists in levy- 
ing war against the government of the State or giving 
aid or comfort to its enemies.f 

26 I . Appointing Power. — In the appointment of 
public ofBcials the power vested in the Governor is 
very important. He nominates, and by the advice and 
with the consent of the Senate, appoints, all officers 
whose offices are created by the Constitution and 
whose appointment or election is not otherwise pro- 
vided for. Among his appointees are the Justices of 
the Supreme Court, and a large number of lesser 
officials. By the Constitution of 1852 the Justices of 
the Supreme Court were elected by the people, but in 
more recent Constitutions provision is made for their 
appointment by the Governor. This provision is 
doubtless imitated from the Federal Constitution, 
which requires the President to appoint the Justices of 
the Supreme Federal Court. Of course there is a 

* For explanation of impeachment see page 2^4. 

f For further account of Treason see Chapter XXXVIII. 



2o6 CIVIL GOVERNMENT OF LOUISIANA 

check upon the Governor in that his nominations must 
be accepted by the Senate, but generally no difficulty 
is raised by this body. 

262. The. Militia. — The Governor is commander- 
in-chief of the militia of the State, except w^hen it is 
called by the President into the actual service of the 
United States. 

263. Messages. — The Governor must send mes- 
sages from time to time to the General Assembly con- 
cerning the affairs of the State, and recommend 
measures to their consideration. His messages, how- 
ever, have no binding force upon the action of the 
General Assembly. He may also call this body to 
meet in a special session whenever any extraordinary 
occasion arises. 

264. Veto Power. — When a bill has passed both 
Houses and been signed by the Governor, it becomes 
a law. If, however, he vetoes it, he must return it 
with his objections to the house in which it originated. 
It may then be passed by a two-thirds vote of the 
members elected to each house and become a law 
without his signature. If the Governor keeps a bill 
five days while the General Assembly is still in session, 
it becomes a law just as if he had signed it. If the 
General Assembly, however, has adjourned in the 
meantime, it does not become a law. When the Gov- 
ernor by retaining a bill, prevents its becoming a law, 
he is said to use his * 'pocket veto." (Note the differ- 
ence between the " pocket veto" of the Governor and 
that of the Mayor of New Orleans.) It has often been 
remarked that when the Governor signs or vetoes a 
bill he virtually becomes a third house of legislation; 



THE EXECUTIVE DEPARTMENT 207 

for, in one case, he helps to make a law, and in the 
other, he defeats a bill which cannot obtain a two- 
thirds majority. Thus far, therefore, the Executive 
Department is not kept distinct from the Legislative. 
The veto power has often been wisely used to prevent 
hasty legislation. It is a powerful check upon the 
General Assembly. The same power is possessed by 
the President of the United States, and by the Gov- 
ernors of all the States except three (Rhode Island, 
North Carolina, and Ohio). 

All orders, votes, and resolutions to which the 
concurrence of both Houses is necessary must be signed 
or vetoed by the Governor as in the case of bills. An 
exception, however, is made in favor of an address for 
removal from office, a vote taken on a question of 
adjournment, and other minor questions. 

An excellent provision in the Constitution of Louisi- 
ana is that the Governor may approve particular items 
in a bill appropriating money and veto others. The 
vetoed items, to become law, must be repassed by 
two-thirds of the members elected. If this provision 
did not exist, the Governor would be compelled to veto 
a whole bill in order to defeat a single improper item, 
as is the case with the President of the United States. 

265. Duties of the Lieutenant-Governor. — (i) 
The Lieutenant-Governor, by virtue of his office, is 
president of the Senate, but he has only a casting vote 
therein. Whenever he uses this voting power, he vir- 
tually becomes a member of the Senate.* (2) Incase 

* When a bill has not received a majority, it is already lost; so that 
in case of a tie, it is not necessary for the president of the Senate to 
vote against a bill. 



208 CIVIL GOVERNMENT OF LOUISIANA 

of the disability of the Governor to perform the duties 
of his office, his place is taken till the end of the term 
by the Lieutenant-Governor, and the president pro 
te^npore of the Senate becomes Lieutenant-Governor. 
(3) The Lieutenant-Governor is a member of the 
Board of Pardons. His salary is $1,500 per annum; 
when he acts as Governor, he receives the salary of 
that official. 

266. Other Officials of the Executive Depart- 
ment. — The Treasurer, the Auditor, the Attorney-Gen- 
eral, and the Secretary of State are elected for the 
same term as the Governor, and in case the office of 
any one of them is made vacant by death or otherwise, 
the Governor, with the advice and consent of the 
Senate, fills the vacancy until the next election. 

(i.) Secretary of State. — The Secretary of State is 
custodian of the public archives and of the Seal of 
State. In his office are preserved the originals of all 
laws passed by the General Assembly, and it is his 
duty to make public official copies of these laws. He 
is required to compile the reports of the various depart- 
ments of the State and to publish them. He is also 
the official Librarian of the State. As we shall see 
later, he furnishes the official ballots and receives the 
returns of all elections. His salary is $1,800. The 
Secretary of State has authority to appoint an assist- 
ant, who is known as the Assistant Secretary of State. 
Whenever the Secretary is prevented by any cause 
from performing his duties, or whenever he chooses so 
to order, the Assistant Secretary has authority to per- 
form all the duties of the office. He is removable at the 
pleasure of the Secretary, and his salary is paid out of 



THE EXECUTIVE DEPARTMENT 209 

the appropriation for the clerical expenses of the office 
of Secretary of State. 

(2.) Treasurer. This officer has the care of all the 
moneys of the State. He is required to give bond for 
the faithful discharge of his duties. His books must be 
open to inspection whenever the Governor or a com- 
mittee of the General Assembly may wish to examine 
them. He is not eligible as his own immediate suc- 
cessor. His salary is $2,000 per annum. 

(3.) Auditor of Public Accounts. — This officer, as 
his title indicates, is the official bookkeeper of the 
State. Among his manifold duties he is required at 
each regular session of the General Assembly, to pre- 
sent a full statement of the revenues of the State, with 
such plans as he may deem expedient for the support 
of the public credit, for lessening the public expenses, 
etc. He keeps an account between the State and the 
Treasurer, and reports to the Governor quarterly the 
amount of money in the hands of the Treasurer belong- 
ing to the State. Like the Treasurer, he gives bond 
for the faithful discharge of his duties. His salary is 
$2,500. 

(4.) Attorney-General. — For the duties of this of- 
ficer, see under Judiciary Department, Chapter XXXH. 

267. Succession of the Office of Governor. — In 
the event of the removal, impeachment, death, resig- 
nation, disability, or refusal to qualify of both Gov- 
ernor and Lieutenant-Governor, the President pro 
tempore of the Senate acts as Governor until the dis- 
ability be removed or for the rest of the term. If no 
President of the Senate has been chosen, or if he is 
prevented from acting by removal, death, resignation, 



:2IO CIVIL GOVERNMENT OF LOUISIANA 

permanent disability, or refusal to qualify, his place is 
taken by the Secretary of State. Thus ample provi- 
sion is made to prevent the office of Governor from 
lapsing. It will be instructive to compare this provi- 
sion with the one made by Congress for the succession 
to the Presidency, and to note the reason for the 
•difference.^" 

* See Hinsdale's The American Government. 



CHAPTER XXXII 

THE JUDICIARY DEPARTMENT* 

268. Functions. Division of Courts. — When it 
is remembered that to the judiciary department is 
given the power to interpret the meaning of the laws, 
and to decide whether they are in accord with the 
Constitution, the great importance of this department 
will be clearly seen. By such interpretation juries are 
greatly influenced and the course of justice is affected. 
Without an able and pure judiciary no State can hope 
to enjoy real prosperity. As the work to be done by 
the courts is great and of various kinds, the Constitu- 
tion of Louisiana provides an elaborate system of 
judicature. It declares that the judicial power shall 
be vested in a supreme court, in courts of appeal, in 
district courts, and in courts of the justices of the 
peace. There are in addition, as we shall see, four 
city courts in the parish of Orleans. 

We shall first describe the New Orleans system of 
courts, taking the lower courts first. In New Orleans 
there are four kinds of courts — recorders' courts, city 
courts, district courts, and a court of appeal. 

269. Recorders' Courts. — The present law pro- 
vides for five of these courts, to be presided over by 
magistrates who need not be attorneys at law. Their 
jurisdiction is strictly limited; it is simply to enforce 
all city ordinances by trying, sentencing, and punish- 

*The Federal courts are discussed in Part III. 

211 



212 CIVIL GOVERNMENT OF LOUISIANA 

ing persons who violate the same. The penalties 
inflicted by the recorders are either fines or imprison- 
ment. The proceeds of all fines are paid into the city 
treasury and form a part of the revenue of the city. 
The recorders are elected for four years. Their sala- 
ries range from $i , 500 to $2, 500 a year. 

270. City Courts. — These courts are four in num- 
ber, and are known as the First City Court, the Second 
City Court, the First City Criminal Court, and the 
Second City Criminal Court. The First City Court 
has three judges, who generally preside over different 
rooms, though they sit together for the purpose of 
examining the bonds furnished by the clerk and the 
constable, and for the trial and removal of either of 
these officers. The judges have exclusive original 
jurisdiction when the defendant resides in that part of 
the city on the left bank of the Mississippi, and when 
the amount in dispute or the fund to be distributed 
does not exceed $100, exclusive of interest. The cases 
filed in the court are allotted equally to the three 
judges, and all cases are appealable to the Court of 
Appeal for the parish of Orleans.* The judges have 
also authority to issue marriage licenses, celebrate 
marriages, execute commissions, and take testimony, 
receiving therefor the fees allowed by law. The court 
has one clerk and one constable, but each judge may 
appoint one deputy clerk, and each constable appoints 

* Definition of terms. Cases are appealable when they may be 
carried to a higher court for final settlement. A court has original 
jurisdiction over cases that may begin in that court; it has exclusive 
original jurisdiction over cases that must begin in it. Two courts 
have concurrent original jurisdiction over cases that may begin in 
either of them. 



THE JUDICIARY DEPARTMENT 213; 

such deputies as may be necessary. The judges, the 
clerk, and the constable are elected for four years by 
the voters of the district included within the jurisdic- 
tion of the court. Each judge receives a salary of 
$2,400 a year. The Second City Court has jurisdic- 
tion over that part of New Orleans lying on the right 
bank of the Mississippi. Being less important than 
the First City Court, it has only one judge; but in 
every other respect it is like that court. The First 
City Criminal Court and the Second City Criminal 
Court, each of which is presided over by one judge, 
were established by the present Constitution. The 
territorial jurisdiction of the first extends over the first, 
fourth, sixth, and seventh municipal districts of the 
city; and that of the second over the second, third, and 
fifth districts. They try and punish, without juries 
and subject to appeal to the Criminal District Court, 
all offences against the State where the penalty does 
not exceed six months' imprisonment in the parish 
jail, or a fine of $300, or both. In all other cases the 
judges of these courts have jurisdiction as committing 
magistrates, with authority to bail or discharge 
accused persons. The two judges are elected by the 
voters of the city at large for a term of four years. 
They must be learned in the law, and must have prac- 
ticed in the city not less than three years. Their sal- 
ary is $3,000 a year. 

27 I . District Courts. — These courts are two in 
number, viz., the Civil District Court and the Crim- 
inal District Court. The first has five divisions and 
the second two; thus there are in all seven judges. 
These are elected by the voters of the parish of 



214 CIVIL GOVERNMENT OF LOUISIANA 

Orleans for a term of twelve years, and receive each 
an annual salary of $4,000. The Civil District Court 
has a wide jurisdiction. It is, first of all, a probate 
court; that is, it receives all wills and sees that they 
are recorded and their provisions executed. It has 
exclusive original jurisdiction in all cases where the 
amount in dispute or the sum to be distributed exceeds 
one hundred dollars, exclusive of interest; and exclu- 
sive jurisdiction in suits for separation, for divorce, for 
nullity of marriage, or for interdiction; and in suits 
involving title to immovable property, or to ofBce or 
other public position, or to civil or political rights, and 
in all proceedings for the appointment of receivers or 
liquidators to corporations or partnerships, etc. The 
Criminal District Court has exclusive original jurisdic- 
tion for the trial and punishment of all offences when 
the penalty of death, imprisonment at hard labor, or 
imprisonment without hard labor for any time exceed- 
ing six months, or a fine exceeding $300 may be 
be imposed. It has also appellate jurisdiction in all 
cases tried before the City Criminal Courts or the 
Recorders' Court of New Orleans. Finally it exer- 
cises a general supervision over all inferior criminal 
courts in the parish of Orleans, with the authority to 
issue writs of Habeas Corpus and such other writs and 
orders as it may find necessary. To the judges of this 
court as well as to those of the Civil District Court the 
various cases are assigned by lot, so as to avoid any 
danger of bribery or favoritism. 

272. Court of Appeal. — This court is known as 
the Court of Appeal for the Parish of Orleans. It 
holds its sessions in New Orleans from the 2d Monday 



THE JUDICIARY DEPARTMENT 21 5 

in October to the end of the month of June. It is 
composed of three judges, who must be learned in the 
law, and must have practiced their profession in the 
State for six years. They are elected for a term of 
eight years by the qualified voters of the parishes of 
Orleans, Jefferson, St. Charles, Plaquemines, and St. 
Bernard. The salary is $4,000 a year. The Court of 
Appeal, with certain exceptions,* has appellate juris- 
diction only. This jurisdiction extends to all cases 
that have been tried in the City Courts of New Orleans 
(cases involving less than $100), and to all cases, 
civil or probate, tried in the courts of Orleans, Jeffer- 
son, St. Charles, Plaquemines, or St. Bernard, in which 
the matter in dispute or the fund to be distributed 
exceeds $100, exclusive of interest, and does not 
exceed $2,000, exclusive of interest. As will be shown 
later, this court has also appellate jurisdiction in cases 
where certain officials have been tried in the Civil 
District Court for malfeasance in office, high crimes, 
etc. No judgment can be rendered by the court with- 
out the concurrence of two judges. When for any 
reason two judges cannot concur, the Court must 
select a district judge or judges to sit in the case; but 
in appeals from the City Courts of New Orleans, the 
court may provide by rules that one or more judges 
may try the case. 

* Besides its appellate jurisdiction, the Court of Appeal, like the 
Criminal District Court, has the power to issue writs of habeas 
corpus at the instance of all persons in actual custody within its 
circuit. It has further authority to issue writs of mandaniiis, pro- 
hibition and certiorari in aid of its appellate jurisdiction. (For 
explanation of these legal terms see "Jurisdiction of the Supreme 
Court"). 



2l6 CIVIL GOVERNMENT OF LOUISIANA 

273. Court Officers. — (i.) Sheriffs. Besides the 
clerks attached to all the courts, the Constitution 
provides that there shall be a civil and a criminal 
sheriff for the parish of Orleans. The former executes 
the writs and mandates of all the civil courts except 
the City Courts, and the latter does the same for all 
the criminal courts. Both officers are elected by the 
parish of Orleans for four years. The criminal sheriff 
receives $3,600 a year, while the civil sheriff is 
paid from certain fees that are fixed by law. Out of 
these fees the civil sheriff pays his deputies and the 
expenses of his office, but the salary of the criminal 
sheriff and of his deputies, as well as the expenses of 
his office, are paid by the City of New Orleans. Both 
officers are required to give bond for the faithful dis- 
charge of their duties. 

(2.) Constables. As we have seen, there is one 
constable for each City Court, who is the executive 
officer of that court. They are elected for four years, 
and are paid out of the fees of the office. 

(3.) Recorder and Register. In order to secure the 
rights of property, the Constitution provides that there 
shall be a recorder of mortgages and a register of con- 
veyances for the parish of Orleans. No one can safely 
buy a piece of real estate unless the deed conveying it 
to him is duly recorded by the register. Mortgages 
must be recorded in the same manner. Moreover, 
when the State assesses a piece of real estate for 
taxation, the law grants it what is called a "privilege" 
or claim on the property for the amount of the taxes. 
When the taxes are paid, the owner of the property 
must take his receipt to the recorder, and have the 



THE JUDICIARY DEPARTMENT 21/ 

^'privilege" canceled. Otherwise his title to the 
property is not clear. The recorder and the register 
are elected for four years. 

(4.) The Coroner, The last officer to be mentioned 
is the coroner. In cases of death where a murder has 
been committed, or is supposed to have been com- 
mitted, the coroner is called in to view the body. He 
impanels a jury and determines as well as he can the 
cause of the death. If he finds that a murder has 
been committed and the supposed guilty person is not 
in custody, he may have him arrested. He must 
return to the proper court the inquest of the jury and 
all the evidence taken. In case any person dies with- 
out medical attendance, the coroner ma}^ be sum- 
moned to give a certificate that the death was natural. 
The coroner is elected for four years, and receives a 
salary of $4,800. He appoints two assistants, who, 
like himself, must be practicing physicians of the city, 
and graduates of reputable medical colleges.^ 

*It will be best to treat the office of district attorney of the parish 
of Orleans under the head of "District Attorneys." See p. 225. 



CHAPTER XXXIII 

COURTS IN OTHER PARISHES THAN ORLEANS 

As the description of the courts in the parish of 
Orleans will largely apply to the courts in the other 
parishes, this part of our subject may be briefly treated. 
The differences will be found to relate chiefly to the 
matter of jurisdiction. 

274. Justices of the Peace. — These magistrates 
are elected by the voters within the territorial limits 
of their jurisdiction. When a parish is created, it is 
divided into justice of police wards, and the number 
of justices is fixed by the General Assembly. Their 
jurisdiction embraces both civil and criminal cases. 
They have exclusive original jurisdiction in civil cases 
when the amount in dispute does not exceed fifty 
dollars exclusive of interest, and original jurisdiction 
concurrent with the District Court when the amount 
exceeds fifty dollars, exclusive of interest, and does not 
exceed one hundred dollars, exclusive of interest. 
They have no jurisdiction in succession or probate 
matters, or when a succession is a defendant in a suit, 
or when the State, parish, or any municipality, or 
other political corporation is a party defendant, or 
when title to real estate is involved. In criminal 
matters they have jurisdiction as committing magis- 
trates, and have power to bail or discharge in cases 
not capital or punishable at hard labor. Moreover, 
the General Assembly may invest justices of the peace 



COURTS IN OTHER PARISHES THAN ORLEANS 219 

in general or in any particular parish or parishes with 
jurisdiction over misdemeanors to be tried with a jury 
of not more than five nor less than three persons, and 
with the right of appeal to the District Court in all 
cases that are not specially appealable to the Supreme 
Court. (Compare the jurisdiction of the justice of the 
peace court with that of the several City Courts.) 

275. District Courts.: — The Constitution provides 
that there may be in the State not less than twenty 
nor more than thirty judicial districts, the parish of 
Orleans excepted, and it lays down the boundaries of 
twenty-nine. In each district there is one judge, 
except in the twenty-first (including the parishes of 
Iberville, West Baton Rouge, and Pointe Coupee), 
where there are two. The judges are elected by the 
voters of their respective districts for a term of four 
years, and receive salaries that vary from $2,000 to 
$3,000. The jurisdiction of these courts is both civil 
and criminal. They have original jurisdiction in all 
civil matters where the amount in dispute exceeds 
$50, exclusive of interest, and in all cases where the 
title to real estate, or to office, or other public posi- 
tion, or where there is a question of civil or political 
rights, and in all other cases where no specific amount 
is in dispute and where no other provision has been 
made. They have unlimited and exclusive original 
jurisdiction in all criminal cases, except such as has 
been vested in the other courts described; and in all 
probate and succession matters, and in all cases where 
any political corporation is a party defendant; and in 
all proceedings for the appointment of receivers and 
liquidators to corporations and partnerships. Finally 



220 CIVIL GOVERNMENT OF LOUISIANA . 

these courts have jurisdiction of appeals from justices 
of the peace in all civil matters and from all orders 
requiring a peace bond. Persons sentenced to a fine 
or imprisonment by Maj^ors or Recorders are entitled 
to an appeal to the District Court of the parish, upon 
giving security for fine and costs of court, and in such 
cases there shall be a new trial without a jury. It is 
to be noted that the jurisdiction of these courts differs 
from that of the two District Courts of the parish of 
Orleans. 

276. Courts of Appeal. — Outside the parish of 
Orleans there are five Courts of Appeal, one in each 
of the five circuits into which the State has been 
divided. Each circuit includes several parishes. 
Until the first day of July, 1904, each Court of Appeal 
shall consist of two judges, both of whom shall be 
assigned to their duties by the Supreme Court. One 
of thgse must be a judge of a District Court, and the 
other must be one of the judges of the Courts of 
Appeal, already existing, whose terms shall not have 
expired. After the first of July, 1904, the Courts of 
Appeal must be composed of two district judges, to 
be from time to time designated by the Supreme 
Court; provided that district judges shall not be 
assigned to serve as members of the Court of Appeal 
for any parish within their own districts, and pro- 
vided that they shall be paid their actual and neces- 
sary expenses when serving as judges of the Courts of 
Appeal. The Courts of Appeal, with the same excep- 
tions already noted for the Court of Appeal in the 
parish of Orleans, have appellate jurisdiction only. 
This jurisdiction extends to all cases, civil or probate. 



COURTS IN OTHER PARISHES THAN ORLEANS 221 

in which the matter in dispute or the funds to be dis- 
tributed shall exceed $ioo, exclusive of interest, and 
shall not exceed $2,000 exclusive of interest. It 
extends also, as will be shown under the head of 
Impeachment and Removals, to cases for the removal 
of certain officials of the State. No judgment can be 
rendered by the Courts of Appeal without the concur- 
rence of two judges. Whenever the judges disagree, 
the court appoints a district judge or a lawyer, having 
the proper qualifications, to sit in the case. In case 
of the absence, disability, or recusation of one of the 
judges, the other judge selects another judge or a 
lawyer to take his place. (A judge recuses himself or 
refuses to serve when he has an interest in the case.) 

The Courts of Appeal were established by the Con- 
stitution of 1879 to relieve the Supreme Court of the 
large number of minor cases that were brought before 
it. 

277. The Supreme Court. — This is the highest 
judicial body in the State. Its decisions command 
the respect of all. Hence a seat upon the Supreme 
bench is eagerly sought by the most distingushed 
lawyers. 

(i) How Co7nposed. The court is presided over by 
one chief justice and four associated justices. They 
are all appointed by the Governor with the consent of 
the Senate for the term of twelve years. As the first 
judges under the Constitution of 1879 were appointed 
for different terms, it results that the present terms do 
not expire at the same time. Hence the court is con- 
tinuous. The object of this arrangement, as was noted 
in such cases as the New Orleans school board, is 



222 CIVIL GOVERNMENT OF LOUISIANA 

never to have an entirely new set of judges, some 
being always present who are acquainted with the 
duties of their high office. The salary of each justice^ 
including the chief justice, is $5,000 a year. 

(2) Qualifications. These judges must be citizens 
of the United States and of the State; they must be 
over thirty-five years of age; they must be learned in 
the law, and must have practiced law in the State for 
ten years preceding their appointment. 

(3) Districts and Appointment. The parishes of 
the State are so grouped by the Constitution as to 
form four Supreme Court districts. From the district 
that contains Orleans two judges are appointed; from 
each of the others one judge is appointed, making five 
in all. 

(4) Sessions. The court sits in New Orleans from 
the first Monday in November to the end of June. 
Until the year 1894 the court sat also in Shreveport, 
Monroe, and Opelousas; but in that year the General 
Assembly confined all sessions to New Orleans. 

278. Appellate Jurisdiction. — Except in certain 
cases specified below, the Supreme Court has no 
original jurisdiction. Its appellate jurisdiction, how- 
ever, is very far-reaching. It extends to all cases 
where the matter in dispute or the fund to be dis- 
tributed exceeds $2,000 without interest; to suits for 
divorce and separation from bed and board, and to 
all matters arising therein; to suits for alimony, for 
the nullity of marriage, or for interdiction (that is, 
where a person is pronounced insane and hence inca- 
pable of managing his business); to all matters of adop- 
tion, emancipation, legitimacy, and custody of children. 



COURTS IN OTHER PARISHES THAN ORLEANS 223 

It extends still further to suits involving homestead 
exemptions, and to all cases in which the constitu- 
tionality or legality of any tax, toll, or impost, or of 
any fine, forfeiture, or penalty imposed by a municipal 
corporation is contested; and to all cases v^^herein an 
ordinance of a municipal corporation or a law of the 
State has been declared unconstitutional. Wherever 
there is a question of constitutionality, the Supreme 
Court is the guardian of the Constitution, and in such 
cases the appeal on the law and the facts is directly 
from the court in which the case originated to the 
Supreme Court. Lastly the appellate jurisdiction of 
the Supreme Court extends to criminal cases on ques- 
tions of law alone whenever the punishment of death 
or imprisonment at hard labor may be inflicted, or a 
fine exceeding $300, or imprisonment exceeding six 
months is actually imposed; and to cases for the 
removal from office of certain officers of the State, 
i.e., members of the State Board of Appraisers, rail- 
road commissioners, district attorneys, clerks, and 
sheriffs. 

In all these cases the Supreme Court, if it ap- 
proves the decisions of the lower courts, affirms them; 
if it disapproves, it reverses or amends them; but no 
judgment can be rendered without the concurrence of 
three judges. When the decree has been sent down 
to the lower court, it is made the decree of that court 
and is executed. 

279. Jurisdiction other than Appellate. — (i) 
The Supreme Court has original jurisdiction in trials 
to remove from office all judges of the courts of 
appeal and of the district courts throughout the State, 



224 



CIVIL GOVERNMENT OF LOUISIANA 



(2) It has exclusive original jurisdiction in all matters 
touching professional misconduct of members of the 
bar, with power to disbar (or prevent them from prac- 
ticing in the courts of the State) under such rules as 
the court may adopt. (3) The court and each of its 
judges have the power to issue writs of habeas corpus 
at the instance of all persons in actual custody in cases 
where the court may have appellate jurisdiction. (4) 
It has power to issue writs of certiorari^ prohibitioUy 
ma^tdafnus^ quo warranto, and other remedial writs. 
A writ of certiorari is an order directing the judge of 
a lower court to send up to a higher court a certified 
copy of the proceedings in any case. A writ oi prohi- 
bitioji is an order addressed to the judge of a lower 
court, forbidding him to proceed in the trial of a 
certain case on the ground that he has no jurisdiction. 
A writ of mandamus is an order addressed to an indi- 
vidual, corporation, or court directing the performance 
of some duty that has been neglected. A writ of quo 
warra7ito is an order addressed to a person who claims 
or usurps an office in a corporation, inquiring by what 
authority he claims or holds such office. (5) The 
Supreme Court has control and general supervision of 
all inferior courts. 

280. The Attorney-G-eneral. — The Attorney- 
General of the State is elected every four years by 
the qualified voters of the State at large. He must 
have resided in the State and practiced law for five 
years preceding his election. He is authorized and 
empowered to institute and prosecute all suits he may 
deem necessary for the protection of the interests and 
rights of the State. He is also the legal adviser of all 



COURTS IN OTHER PARISHES THAN ORLEANS 225 

the officers of the State government. His salary is 
$3,000 a year. 

281. District Attorneys. — In each judicial dis- 
trict of the State, including the parish of Orleans, a 
District Attorney is elected by the qualified voters. 
Except in Orleans the District Attorneys must attend 
the sessions of their respective courts, and represent 
the State in all civil and criminal actions. They also 
conduct all suits brought by the parish school boards 
or the police juries. In the parish of Orleans the Dis- 
trict Attorney and his assistants prosecute all criminal 
cases coming before the criminal courts; but in all 
civil suits to which the State is a party, and in all 
criminal suits before the Supreme Court, the State is 
represented by the Attorney-General. It must be 
understood that the State prosecutes all crimes com- 
mitted within its limits, and it may bring a civil suit 
against any individual; but, as it is a sovereign body, 
it cannot be sued except by permission t^f the General 
Assembly. The salary of the District Attorneys is 
only $1,000 a year; but in order that they may be 
diligent in the discharge of their duties, they are 
allowed a fee in criminal cases whenever they obtain 
a conviction. 

282. Clerks of Court. — Except in the parish of 
Orleans there is a clerk of the district court in each 
parish, who is ex officio clerk of* the court of appeals. 
He is elected for four years. Besides his other duties, 
he is the parish recorder of conveyances, mortgages, 
and other acts, duties which, as we have seen, are 
performed by special officers in Orleans. 

283. Sheriffs. — Outside of Orleans each parish 



226 CIVIL GOVERNMENT OF LOUISIANA 

elects one sheriff for a term of four years. The duties 
of the sheriff are manifold. He arrests criminals, 
conveys convicts to the penitentiary, and executes the 
writs, summonses, and decrees of all the courts except 
those of the justices of the peace. He is also ex 
.officio tax collector of the parish, an office that is not 
held by either of the city sheriffs. The salaries of 
sheriffs vary. They are allowed to receive, for their 
services in criminal matters, as high as $500 for each 
representative the parish may have in the house of 
representatives, and also five per cent on all taxes 
collected and paid over. 

284. The Coroner and the Constable.— When- 
ever it is possible, the coroner in each parish must be 
a doctor of medicine, licensed to practice. His duties 
in the parishes are very similar to those of the city 
coroner. He is paid by fees. Each justice of the 
peace court has a constable, who is the executive 
officer of the court. He is elected for four years. 



CHAPTER XXXIV 



SUFFRAGE AND ELECTION 



285. Suffrage. — One of the most important rights 
conferred by the State is the right of suffrage. It is a 
gift not from the Federal Government but from the 
State. Hence the State may grant it to such of its 
citizens as it chooses. To this there is only one 
exception, which is to be found in amendment XV ta 
the Constitution of the United States. This amend- 
ment, framed since the Civil War for the protection of 
the colored voter, declares that ' * the right of citizens 
of the United States to vote shall not be denied or 
abridged by the United States or by any State ort: 
account of race, color, or previous condition of servi- 
tude." With this exception, therefore, the State fixes 
such qualifications as it thinks proper upon the right 
to vote."^ Let us now see what the present Consti- 
tution of Louisiana has to say about the suffrage. 

286. G-eneral Qualifications. — With certain ex- 
ceptions to be stated later, every male citizen of the 
State and of the United States, native born or natural- 
ized, not less than twenty-one years of age, is entitled 
to vote at any election held by the people in the State, 
provided he possesses the following qualifications: 

* The XlVth amendment further declares that if a State denies the 
suffrage to citizens twenty-one years of age except for rebellion or 
other crime, the basis of representation for that State in Congress 
shall be reduced. To enforce this penalty, however, will require an 
act of Congress, and doubtless it will never be enforced. 

227 



228 CIVIL GOVERNMENT OF LOUISIANA 

(i) He must have been an actual resident of the 
State for two years, of the parish for one year, and of 
the precinct in which he offers to vote for six months 
next preceding the election; provided that removal 
from one precinct to another in the same parish shall 
not deprive any person of the right to vote in the 
precinct from which he has removed, until six months 
after such removal. 

(2) He must have been at the time he offers to vote 
legally enrolled as a registered voter on his personal 
application, in accordance with the provisions of the 
Constitution and the laws of the State. 

(3) He shall be able to^read and write, and shall 
show his ability to do so, when he applies for regis- 
tration, by making under oath a written application 
in the English language. If he is unable to write his 
application in the English language, he has the right, 
if he demands it, to write it in his mother tongue from 
the dictation of an interpreter; and if he states on 
oath that he is physically unable to write his appli- 
cation, it must be written at his dictation by the regis- 
tration officer or his deputy. The application form is 
as follows: " I am a citizen of the State of Louisiana. 

My name is ,1 was born in the State 

(or country) of , parish (or county) of 

, on the . . day of , in the year 

.... I am now . . years . , months, and . . . days of 

age. I have resided in this State since , in this 

parish since , and in precinct No. . . . . , of 

ward No. . . . . , of this parish, since . . . . , and I am 
not disfranchised by any provision of the Constitution 
of this State. ' ' 



SUFFRAGE AND ELECTION 



229 



(4) If he be not able to read and write, he shall be 
allowed to register and vote, if he makes oath before 
the registration officer or his deputy that he possesses 
the qualifications of age, residence, and citizenship, 
and that he is the owner of property assessed to him 
in the State at a valuation of not less than three 
hundred dollars, and if such property be personal only, 
that all taxes on it have been paid. 

(5) Even if he lack the educational and property 
qualifications stated above, the suffrage is granted to 
every male person who on January first, 1867, or at 
any previous date, was entitled to vote under the 
Constitution or statutes of any State of the Union, 
wherein he then resided, and to every son or grandson 
of any such person not less than twenty-one years of 
age at the date of the adoption of the present Consti- 
tution (May 1 2th, 1898). Moreover, no male person 
of foreign birth, who was naturalized prior to the first 
day of January, 1898, may be denied the right to 
register and vote by reason of his failure to possess 
the educational or property qualifications. The only 
condition laid upon those wishing to take advantage 
of this section is that they shall have resided in the 
State for five years next preceding the date at which 
they apply for registration, and that they shall 
have registered before September first, 1898. The 
avowed object of this section is to prevent colored 
persons from voting unless they have either the 
educational or the property qualification; for it will 
be remembered that prior to January first, 1867, 
such persons were not generally entitled to vote. If, 
however, they can read and write, or possess $300 



230 



CIVIL GOVERNMENT OF LOUISIANA 



worth of property, they enjoy exactly the same rights 
as white persons. ' The question has been raised 
whether or not this section violates the XVth amend- 
ment of the Federal Constitution, but it has not yet 
been brought before the courts. 

(6) Finally, as was stated under the head of public 
schools, no person under sixty years of age is per- 
mitted to vote at any election who has not, in addi- 
tion to the above mentioned qualifications, paid before 
the end of the year, for the two years preceding the 
year in which he offers to vote, a poll tax of one dollar 
per annum, to be used in aid of public schools. This 
provision, however, does not apply to persons who are 
deaf and dumb, or blind, nor to persons under twenty- 
three years of age who have paid all poll taxes assessed 
against them. As was stated above, this whole sec- 
tion concerning the poll tax may be repealed or modi- 
fied by the General Assembly elected in the year 1908. 
If it prove satisfactory to the people, the General 
Assembly will, of course, maintain it. 

287. Non-Voters. — The following persons, for 
very obvious reasons, are not allowed to register, vote, 
or hold any office in the State; Those who have been 
convicted of any crime punishable by imprisonment in 
the penitentiary, and who have not been afterwards 
pardoned with express restoration of the right of suf- 
frage; those who are inmates of any charitable insti- 
tutions, except the Soldiers' Home; those actually 
confined in any public prison; all interdicted persons, 
and all persons notoriously insane or idiotic, whether 
interdicted or not. 

288. Women. — It will be noticed that Louisiana, 



SUFFRAGE AND ELECTION 



231 



unlike some of the western States, has not conferred 
the suffrage upon women. This is true of ordinary 
elections, but the present Constitution declares that 
upon all questions submitted to the taxpayers, as such, 
of any municipal or other political subdivision of the 
State, women taxpayers having the proper qualifica- 
tions of age and residence shall have the right to vote 
in person or by their authorized agents without regis- 
tration. For instance, as we have seen, women may 
vote when a special tax for the support of public 
schools is submitted to the taxpayers. The Constitu- 
tion of 1898 was the first to grant even a limited 
franchise to women. It certainly seems proper that 
when women pay taxes,- they should vote whenever 
the rate of taxation is in question. 

289. Residence Defined. — To be a resident of a 
State one must have a domicile in that State, but for 
the purposes of voting residence is specially defined by 
the Constitution as follows: "No person shall be 
deemed to have gained a residence by reason of his 
presence, or lost it by reason of his absence, while 
employed in the service, either civil or military, of this 
State or the United States; nor while engaged in the 
navigation of the waters of the State or of the United 
States, or of the high seas, nor while a student of any 
institution of learning." This article, it will be seen, 
provides that, under certain circumstances, a person 
may claim residence in a State though he is absent 
from it, while it prevents him from claiming residence 
simply because he is present. 

290. Qualifications for Office-Holding. — No per- 
son is permitted to hold any office. State, judicial, or 



232 



CIVIL GOVERNMENT OF LOUISIANA 



other, who is not a citizen of the State and a quahfied 
voter of the district in which the functions of the office 
are to be performed. If an office-holder changes his 
residence from the State or from the district in which 
he holds office, his office is thereby vacated. This 
provision is made because it is believed that a resident 
of a State or district will have the interests of that 
State or district more at heart than a non-resident. 
In England, however, members of Parliament are not 
compelled to reside in the districts which they repre- 
sent. It has been maintained by some writers that 
for certain higher offices it might be wise to introduce 
the English custom into the United States. 

29 I . Date of State Elections.— State elections 
are held every four years on the Tuesday next follow- 
ing the third Monday in April, but the General Assem- 
bly may change this date. Parish elections, except in 
New Orleans, must always be held on the same day as 
the general State election. In the parish of Orleans, 
as we have seen, the elections for parish and city 
offices are held on the same day, but on a different 
date from that of State elections. 

292. Date of Federal Elections. — The date for 
holding the election to choose Congressmen and presi- 
dential electors is fixed by Federal law. In all the 
States except three it is the Tuesday next after the 
first Monday in November. All persons qualified to 
vote for representatives to the General Assembly may 
also vote for Congressmen and presidential electors. 

293. Election Laws. — Outside of these constitu- 
tional provisions, the general management of elections 
is left to the General Assembly, and this body passes 



SUFFRAGE AND ELECTION 



233 



elaborate laws on the subject of registration and the 
method of casting the ballot. Strict laws on these 
subjects are very necessary, for if fraud and corrup- 
tion are permitted at the ballot-box, elections cease to 
represent the will of the majority of the voters and 
true democratic government ceases to exist. The 
necessity for some kind of ballot reform has been felt 
for many years in Louisiana, but the conditions were 
unfavorable and nothing was done. Just previous, 
however, to the year 1896, the subject was thoroughly 
discussed throughout the State, and in this year the 
so-called Australian system was adopted by the Gen- 
eral Assembly. In 1898, the General Assembly, with 
some slight changes, re-enacted the law of 1896. As 
this is the best system yet devised for the purification 
of the ballot, there seems no good reason why fair 
elections should not prevail in the State. Assuredly 
they wall be fairer than ever before. 

294. The Australian System in Louisiana. — The 
law as passed by the General Assembly is not exactly 
the same for New Orleans and for the rest of the 
State. In cities of 50,000 inhabitants or more (New 
Orleans is the only one), it provides for the regular 
Australian system, but in the rest of the State for a 
modified form of the same. The most important dif- 
ference, as we shall see, is that in New Orleans each 
voter is required to prepare his ballot in a separate, 
enclosed booth. 

GENERAL FEATURES 

(i.) Printing and Distribiitio7i of Ballots. — All 
ballots must be printed at the expense of the 



234 



CIVIL GOVERNMENT OF LOUISIANA 



State,* and must be distributed by the Secretary of 
State. Formerly these ballots were always printed and 
distributed at the expense of the political parties who 
nominated the different candidates or of the candidates 
themselves. In any case they could be seen and 
marked by the voter before he entered the polling 
booth. This method, however, would defeat an im- 
portant provision of the Australian system, which does 
not permit the voter to see his ballot until he has 
entered the polling precinct. The object of this pre- 
caution will be quickly seen. 

(2.) Form of Ballots.— The official ballot must con- 
tain the names of all the candidates that have been 
regularly nominated for the offices specified in the 
ballot. Just over the list of names of each political 
party there is a mark or device adopted by that polit- 
ical party. If the voter wishes to vote a straight 
ticket, he stamps this device. If he wishes to choose 
his candidates from the different political parties, he 
may do so by stamping the blank spaces opposite to 
the names of those candidates. 

(3.) Manner of Voting. — The voter must present 
his registration paper to the commissioners in charge. 
If his name is found upon the official list, a ballot is 
given to him. After he has marked the names of the 
candidates for whom he wishes to vote, he folds it in 
such a manner as to show the official stamp on the 
back, and then places it in the box provided for that 
purpose. If the voter spoils a ballot, he may have 

* This provision does not apply to primary elections or to municipal 
elections in towns having less than 2,500 inhabitants, or to elections 
for other purposes than the election of public officers. 



SUFFRAGE AND ELECTION 235 

another. If he spoils this, he may obtain yet another, 
making three in all, but he must not take any of the 
spoiled ballots out of the booth. The voter must mark 
his ballot without assistance, unless he proves to the 
presiding commissioners that owing to blindness or 
other physical disability he is unable to do so. In 
that case he may have the assistance of two of the 
commissioners. 

(4.) Voting Shelves. — In cities of 50,000 inhabitants 
or more (New Orleans is the only one), enclosed voting 
shelves are provided, and into one of these enclosures 
each voter must go alone to mark his ballot. This 
secures the greatest possible secrecy to the voter in the 
preparation of his ballot. In cities of less than 50,000 
inhabitants and in the parishes, .there is a barrier, 
enclosing a space thirty feet square around each poll- 
ing place, but within there is only one table or shelf 
provided for all voters. In other respects the law is 
practically the same for the whole State. 

295. Object of the System. — The main object of 
the system is to prevent bribery at elections. It has 
been found that the ward * ' bosses ' ' and other polit- 
ical leaders will not attempt to bribe a voter when they 
cannot see how he has marked his ballot. With all 
the names of the candidates on one sheet and with the 
enclosed voting shelves they can never be certain that 
the voter has cast his ballot as he has been paid to 
cast it. Hence with the appearance of the Australian 
system the bribing of voters tends to disappear. The 
result is that where the system has been once adopted, 
it has never been subsequently rejected. 

296. Boards of Supervisors of Elections. — In 



236 CIVIL GOVERNMENT OF LOUISIANA 

each parish of the State the elections are managed by 
a board of supervisors. In Orleans the board consists 
of a president appointed by the Governor, the regis- 
trar of votes for the parish, and the civil sheriff. In 
the other parishes it consists of a president appointed 
by the Governor, the registrar of voters, and a third 
member elected by the police jury. 

297. Commissioners. — These boards appoint in 
Orleans and in the rest of the parishes three commis- 
sioners as offtcers to preside over the election at each 
polling booth. As far as possible these commissioners 
are chosen in such a manner as to represent the dif- 
ferent political parties making nominations. They 
see that only legal voters cast their ballots and that a 
fair count of the votes is made. In case they fail to 
perform their duties, they are liable to severe penal- 
ties. 

298. Count of Ballots. Returns. — As soon as 
the polls are closed, the counting of the ballots begins, 
and is continued without delay until completed. 
Three tally sheets are kept, which contain a full record 
of all the votes cast. When the last ballot has been 
recorded, the officers of election must make out, in 
triplicate form, compiled statements, containing the 
number of votes cast for each candidate for national, 
State, parochial, or municipal offices, together with 
the number of ballots found in the box, the number 
rejected (if any), etc. After these compiled statements 
have been sworn to by the commissioners, one of the 
tally sheets and one of the statements must be deliv- 
ered to the Board of Supervisors of the parish; the 
second tally sheet and statement must be forwarded 



SUFFRAGE AND ELECTION 2^7 

to the Secretary of State; and the third, together with 
the ballots and poll list, must be sealed up in the 
ballot box, and delivered to the clerk of the court, by 
him to be preserved for a period of six months. 

299. Nomination of Candidates. — As the law 
allows great freedom in regard to nominations, it is 
not difficult for any political party or any independent 
body of voters to place their candidates before the 
people. Consequently a wide choice is generally 
given to the voter. In substance the provisions of the 
law are as follows: 

(i) Any convention of delegates representing a 
political party or other nominating body which at the 
preceding State election polled ten per cent of the 
total vote cast in the State or district, is entitled to 
issue certificates of nomination, which will entitle its 
candidates to places on the official ballot. 

(2) Candidates for electoral districts, or municipal, 
parish, and ward offices may be nominated and their 
names placed on the official ballot, without conven- 
tions, by means of nomination papers. These papers 
must be signed by qualified voters to the number of at 
least 1,000 for any officers to be voted for by the elec- 
tors of the State at large; lOO for parish or municipal 
officers, members of the General Assembly and Con- 
gress, and 25 for ward officers. 

These nomination papers and the certificates of nom- 
ination by conventions must be filed with the Secretary 
of State on certain specified days before the election. 
All nominations so made are deemed regular, and any 
objections to them must be made within three days. 
These objections are passed on by the Secretary of 



238 CIVIL GOVERNMENT OF LOUISIANA 

State, the auditor, and the treasurer, who also serve 
as a board to decide which candidates are entitled to 
the name of Democrat, Republican, etc. 

300. Registration Law. — In order to receive a 
ballot, the voter, as has been said, must show to the 
conmiissioners of election his registration paper, which 
is compared with the roll in their possession. To keep 
this roll free from fraudulent names has been found to 
be one of the most difficult tasks a State Legislature 
can undertake. This is especially true in great cities, 
like New Orleans, where there is a large floating pop- 
ulation of immigrants who are frequently registered 
illegally. Yet the Australian ballot system will not pre- 
serve the purity of the elections if those who have no 
right to vote are permitted to put their names on the 
registration roll. Recognizing this, the General 
Assembly at the same time that it passed the ballot 
law, also passed the most stringent registration law 
that the State has ever had. 

30 1 . Provisions of the Law. — -( i ) Officers. For 
the parish of Orleans there is a supervisor of registra- 
tion, who is appointed by the Governor, with the con- 
sent of the Senate, for four years. This officer has 
general charge of the registration books. In the other 
parishes the same duty is assigned to the assessor of 
taxes, who is also registrar of voters. 

(2) Nezv Registration. In the parish of Orleans the 
supervisor is required to make a new and complete regis- 
tration of the qualified voters every two years, beginning 
on the first of January, 1899. The assessors in the 
other parishes must perform the same task every year 
in which a general State election is held. 



SUFFRAGE AND ELECTION 



239 



(3) Application. (See paragraph 286). 

(4) Peiialty for False Oath, Any person who makes 
a false oath for the procuring of a certificate of 
registration, naturahzation, or declaration of inten- 
tion to become a citizen shall be guilty of a felony, 
and upon conviction shall be fined not less than 
$1,000 and imprisoned not less than one nor more 
than five years. Any one convicted of aiding as a w^it- 
ness or otherwise in obtaining such a certificate shall 
receive the same punishment. 

(5) Purification of the Rolls. The supervisor and 
the assessors throughout the State are required to 
erase names from the books of registration in the fol- 
lowing cases. — When they know of the death or 
removal of the person registered; where the insanity 
of a person registered is legally established ; upon 
reliable information that the person registered has 
been convicted of felony. Persons who are entitled 
to be registered, but whose names have been erased 
because of their removal, etc., may obtain new regis- 
tration certificates. 

302. The Sixteenth Sections. — In order to under- 
stand this subject, we must remember that in all the 
States but the original thirteen, and those made from 
them and Texas, the wild, uncultivated lands once 
belonged to the nation, and are called public lands. 
These States, twenty-six in number, are sometimes 
called the public land States. The public lands Con- 
gress caused to be surveyed into townships, six miles 
square, and these to be divided into thirty-six sections, 
each one mile square, numbered as shown in the dia- 
gram below. Furthermore, in disposing of the lands, 



240 



CIVIL GOVERNMENT OF LOUISIANA 



Congress early adopted the plan of setting apart or 
reserving section no. 16 in every township for the sup- 
port of common schools. This was done in Louisiana 
when the State came into the Union in 181 2. Many of 
the school sections have been sold, and the proceeds 
invested in the bonds of the State which pay four per 
cent, interest to the townships concerned. In the 
States admitted to the Union since 1848, section no. 
36 has also been set apart for the same purpose. 

A CONGRESSIONAL TOWNSHIP ^ 



6 


5 


' 


3 


2 


1 


7 


8 


9 


]0 


11 


12 


18 


17 


16 


15 


U 


13 


19 


20 


21 


22 


23 


24 


30 


29 


28 


27 


26 


25 


31 


32 


33 


34 


35 


36 



*The location of the townships in Louisiana can be seen on the 
official map of the State. (Hardee's.) 



CHAPTER XXXV 



THE MILITIA 



303. How Established. — In discussing the Bill 
of Rights, we found it provided that a well regulated 
militia being necessary to the security of the State, the 
right of the people to keep and bear arms (not con- 
cealed) cannot be taken away. The Constitution 
further declares that the General Assembly shall have 
authority to determine how the militia of the State 
shall be organized, trained, equipped, etc., and of 
whom it shall be composed. Accordingly the General 
Assembly has passed laws governing the militia 
throughout the State. 

304. Composition of the Militia. — The militia is 
composed of all the able-bodied male citizens of the 
State between the ages of i8 and 45, who are not 
exempted by the laws of the United States or of Lou- 
isiana. Persons exempted from service in the State 
militia are: — (i) All persons in the army and navy of 
the United States who are exempt from service in the 
militia by the laws of the United States. (2) Every 
person who, by reason of physical disability, may be 
unfit for the performance of military duty, and who can 
produce a physician's certificate to that effect. (3) All 
idiots, lunatics, and convicted felons not pardoned. 
(4) All clergymen, and the judges of the various courts 
during their terms of service. The Constitution also 
declares that the General Assembly may exempt the 

241 



242 CIVIL GOVERNMENT OF LOUISIANA 

members of religious societies whose tenets forbid 
them to bear arms, provided such persons pay a 
money equivalent for their services. The uniformed 
militia force of the State is organized by the Gov- 
ernor, whenever practicable, in all the parishes, and 
is known as the Louisiana State National Guard 

305. Commander-in-Chief. — The Governor is 
commander-in-chief of all the militia, and holds the 
rank of lieutenant-general. He is entitled to the fol- 
lowing staf^ officers: One adjutant-general with the 
rank of major general; one inspector general, one 
quartermaster general, one surgeon general, one com- 
missary general, one chief of ordnance, one judge 
advocate general, each with the rank of brigadier- 
general; one inspector general of rifle practice; one 
chief signal officer; and as many aids-de-camp with 
the rank of colonel, lieutenant-colonel, and major, as 
he may see fit to appoint. 

306. Services of the Militia. — The enrolled 
militia of the State is subject to no active duty except 
in cases of war, invasion, the prevention of invasion, 
the suppression of riots, or when the civil officers are 
to be aided in the execution of the laws of the State. 
In such cases the Governor, as commander-in-chief, 
may order out for active service, by draft or other- 
wise, as many of the militia as necessity demands. 
As a general rule, however, the Governor employs only 
those militia companies that have already been enrolled 
in the State. 

307. Pay of the Militia. — When not in active 
service, neither the officers nor the men receive either 
rations or pay. But when called into active service, 



THE MILITIA 



245 



the officers receive the same pay and allowances as 
the like grades in the United States army; while the 
enlisted men receive double the pay authorized by the 
United States army regulations, with seventy-five cents 
a day per head for subsistence. 

308. Exemption from Jury Duty. — The active 
uniformed members of the Louisiana State National 
Guard are exempt from all jury duty. As members of 
the jury in the State courts of Louisiana are paid very 
little for their services, many persons are anxious 
to escape jury duty. Hence the exemption just 
mentioned helps to swell the ranks of the militia 
through voluntary enlistment. 

309. National Service. — The militia of any State 
may be called into the service of the United States 
whenever the President finds it necessary, in order to 
execute the laws of the Union, to suppress insur- 
rection, or to repel invasion. Congress provides for 
such emergencies. When in the national service the 
State militia is subject to the President as commander- 
in-chief; but it cannot be sent beyond the boundaries 
of the United States. 



CHAPTER XXXVI 

IMPEACHMENT AND REMOVAL 

As the various officers of a government may misbe- 
have themselves during their terms of office, every 
Constitution provides for their removal. In the case 
of the more important officers this is generally accom- 
plished by means of impeachment, and in the case 
of the minor officers by trial before certain courts. 
Every officer is made to feel that at all times he is 
responsible for any misconduct. 

3 I O. Court of Impeachment. — Under the govern- 
ment of the United States the senate sits as a court 
to try cases of impeachment against Federal offices; in 
Louisiana the State senate performs the same duty in 
the trial of State officers. The charter of New Orleans, 
as we have seen, provides that a selected number of 
the council shall try cases of impeachment brought 
against city officers. 

311. State Officers Liable to Impeachment. — 
The officers of the State government that are liable to 
impeachment are the governor, lieutenant-governor, 
secretary of state, auditor, treasurer, attorney general, 
superintendent of public education, railroad commis- 
sioners, and the judges of all the courts of record. 
(A court of record is one in which all the acts and 
judicial proceedings are enrolled on paper or parch- 
ment and preserved. In Louisiana the term embraces 
all courts except those of the justices of the peace and 
the recorders.) 

244 



IMPEACHMENT AND REMOVAL 



245 



312. Causes of Impeachment. — The above- 
mentioned officers may be impeached for any high 
crimes or misdemeanors, for non-feasance or mal- 
feasance in office, for incompetency, for corruption, 
habitual drunkenness, etc. 

313. Method of Impeachment. — All impeach- 
ment proceedings must be instituted by the house of 
representatives. This body through a committee 
brings the necessary charges before the senate. 
When trying such cases the senators must be put 
upon oath or affirmation because they sit as a jury. 
No person can be convicted except by the vote of two- 
thirds of all the senators present. A jury in capital 
cases must be unanimous, but in cases of impeach- 
ment a two-thirds vote of the senators is considered 
sufficient both under the Federal and the State Con- 
stitution. When the governor of the State is on trial, 
the chief justice or the senior associate justice of the 
supreme court must preside over the senate. The 
object of this provision is to prevent the lieutenant- 
governor, who is ex-officio president, from presiding, 
as he is the legal successor of the governor and might 
be interested in his removal. 

3 1 4. Suspension from Office. — All officers, except 
the governor, while impeachment proceedings are 
pending against them, are forbidden to exercise the 
functions of their office, and temporary appointments 
are made by the proper authorities to fill their places. 

3 I 5. Judgment. — In case a two-thirds majority 
cannot be obtained, the accused is set free. If he is 
convicted, the sentence extends only to removal from 
office and disqualification to hold any office of trust or 



246 CIVIL GOVERNMENT OF LOUISIANA 

profit under the State. But whether acquitted or 
convicted, the accused person is Hable to prosecution 
under the laws of the State for any criminal offences 
charged against him in the impeachment. As was 
noted under the Executive Department there can be 
no pardon granted in a case of impeachment. 

3 J 6. Removals without Impeachment. — As 
impeachment is a rather cumbersome proceeding, the 
Constitution provides other methods of removing any 
official of the State from office, with the exception of 
the governor. 

(i) Removal by the Governor. While the governor 
is removable only by impeachment, he himself, for 
any reasonable cause, is required to remove any officer 
of the State, if he is requested so to act by an address 
of two-thirds of the members elected to each house of 
the General Assembly. The causes for such removal 
must not only be stated in the address, but must be 
inserted in the journal of each house. 

(2) Removal by the Supre7ne Court. All judges of 
the courts of appeal and of the district courts may be 
removed from office for any of the causes mentioned 
above by judgment of the supreme court, which has 
original jurisdiction in such cases. The suit for 
removal may be brought by the attorney-general or 
by the district attorney whenever in his opinion suf- 
ficient cause exists; and it is the duty of either one of 
these officers to bring such suit whenever instructed 
by the governor in writing, or on the written request 
or information of twenty-five citizens who are tax- 
payers in the district wherein the judge exercises the 
functions of his office. When the suit is brought by 



IMPEACHMENT AND REMOVAL 



247 



the citizens and the accused is acquitted, they must 
pay all costs. 

(3) Refnoval by other Courts. — All members of the 
State board of appraisers except the auditor, all rail- 
road commissioners, district attorneys, clerks of court, 
sheriffs, coroners, justices of the peace, and judges of 
the inferior courts of New Orleans and other cities, 
and all other parish, municipal, or ward officers, may 
be removed by judgment of the district court of the 
domicile of such officers (in the parish of Orleans, the 
civil district court). For any of the causes enumer- 
ated above, the district attorney, except when the 
suit is brought against himself, must bring suit against 
any of these officials at the request of twenty-five tax 
paying citizens in the case of all except ward of^cers, 
and of ten citizens in the case of ward officers. A 
suit against the district attorney must be brought by 
the district attorney of an adjoining district or by a 
lawyer whom the judge appoints for that purpose. 

317. Appeals and Suspensions. — From the 
courts that try the latter cases an appeal is granted. 
Cases against appraisers, railroad commissioners, dis- 
trict attorneys, clerks, and sheriffs may be appealed to 
the Supreme Court; cases against all other officers to 
the Courts of Appeal. While a suit for removal is 
pending, there is no suspension of the accused from 
the duties of his office. 



CHAPTER XXXVII 



TAXATION 



3 1 8. Necessity and Justice of Taxation. — How 
to establish a wise and efficient system of taxation is 
one of the most difficult problems with which the gov- 
ernment of any country has to deal. No perfectly 
satisfactory system has yet been devised. The 
methods adopted in the different States of the Union 
vary considerably as to details, and many experiments 
have been tried. That every government, however, 
should raise enough money for its support is absolutely 
necessary; without the taxes levied upon the people 
the government would be unable to maintain itself 
except by borrowing; nor could it borrow unless it 
were supposed to be able to pay the interest on the 
loans. The prerogative of every government, there- 
fore, is to tax the people over whom it exercises con- 
trol. Whether a man recognizes the fact or not, the 
government under which he lives is a partner in his 
business. His life, his liberty, and the possession of 
his property are possible only under some form of 
government. Acting on this principle, the govern- 
ment can justly compel any one possessing property 
to contribute to its support, or if he has no property 
to contribute the labor of his hands. "^ Nearly all 

* For example, when the authorities of a district compel the resi- 
dents to work for a certain numbeV of days on the public roads or pay 
an equivalent. 

248 



TAXATIUN 



249 



intelligent persons admit the truth of this proposition, 
but many years ago a distinguished writer of this 
country, named Thoreau, held a different theory. He 
believed that if he did not approve of the policy of 
the government, he ought not to be forced to contri- 
bute to its support. The officers of the law, however, 
did not take the same view. They compelled the 
payment of his tax, and they were right. If for no 
other reason, Mr. Thoreau should have paid his taxes 
because, without the protection of the government, his 
property might have been taken from him, and he 
would have had no legal redress. It may be added 
that the value of property is largely due to this same 
protection. Unless the possession of it can be secured 
by law, property is not desirable, no one wishes to 
purchase it. 

3 1 9. Basis of Taxation. — That every one should 
contribute to the government ' * according to his 
ability " seems to be the generally accepted principle 
of taxation among modern political economists, but it 
is so difficult to estimate a man's abihty in any system 
of taxation, that the principle is not easy to put into 
practice. While the government has the right to levy 
taxes, it should be held strictly responsible for the use 
it makes of the money thus taken from the people. 
The funds raised by taxation should be carefully and 
economically spent to pay the necessary expenses of 
conducting public affairs and making public improve- 
ments. 

320. Federal Taxation.* — It will aid us to under- 

*For fuller account of Federal taxation, see Part III. 



250 CIVIL GOVERNMENT OF LOUISIANA 

stand the subject of State taxation, if we examine 
briefly the system adopted by the Federal Government 
for its own support. A tax has been very properly 
defined as "an exaction or charge made to fill the 
public coffers for the payment of the debts and the 
promotion of the general welfare of the country." 
Accordingly the Federal Constitution declares that 
Congress shall have power to lay and collect taxes, 
duties, imposts, and excises [in order] to pay the debts 
and provide for the common defence and general wel- 
fare of the United States. Duties are the taxes laid 
on foreign goods at the custom houses. Imposts is a 
term often used in the custom house instead of duties, 
but it is also sometimes synonymous with taxes. 
Excises are taxes laid upon articles produced within 
the country, such as tobacco, whisky, etc. The 
income of the Federal Government, therefore, is 
derived mainly from external taxes or duties on im- 
ported goods, and from excises or internal revenue 
taxes on whisky, tobacco, etc. These are often 
termed indirect taxes, because it is believed that the 
persons by whom they are paid can always shift the tax 
to the shoulders of the consumer by making him pay 
a higher price for the goods. On several occasions, 
however, Congress has also levied direct taxes which 
the Federal Supreme Court defines as poll taxes, 
taxes on land, or taxes on incomes; but no such taxes 
are laid at the present time.^ 

32 I . Direct Taxation the Only Form in Louisi- 



*The Federal Government derives some income from the rent or 
sale of public lands. 



TAXATION 



251 



ana. — If the theory of indirect taxation mentioned 
above is true, the inhabitants of Louisiana, Hke those 
of other States, contribute a great deal indirectly to 
the support of the general government. In addition 
to this, however, they are required to contribute by 
direct taxation to the support of their own govern- 
ment. Many persons are not aware that they are 
paying any other kind of taxes than those of the State 
in which they live. As the Federal Constitution gives 
Congress entire charge of foreign commerce, it forbids 
a State to levy any impost or duty on imported or ex- 
ported goods, except to cover the expenses of inspec- 
tion laws. Although the State is not forbidden to lay 
excise taxes, such taxes are not generally laid because 
they would duplicate the Federal taxes. * It will be seen, 
therefore, that every State must adopt the only form 
of taxation that is not now exercised by the Federal 
Government, i.e., direct taxation. 

322. Limitations on Taxation. — In Louisiana 
there are two limitations, one of objects and one of 
rate. 

(i) Objects. — The Constitution declares that the 
taxing power shall be exercised only to carry on and 
maintain the government of the State and the public 
institutions thereof; to educate the children thereof; 
to preserve the public health; to pay the principal and 
interest of the public debt; to suppress insurrection 
and to repel invasion or defend the State in time of 
war; to provide pensions for indigent Confederate 



* The license charges imposed in Louisiana (see p. 259) are very 
similar to the Federal internal revenue taxes. 



252 



CIVIL GOVERNMENT OF LOUISIANA 



soldiers and sailors and their widows; to establish 
markers or monuments upon the battlefields of the 
country commemorative of the services of Louisiana 
soldiers on such fields; to maintain a memorial hall in 
New Orleans for the collection and preservation of 
relics and memorials of the Civil War; and for the 
building and maintenance of levees. 

(2) Rate. — The Constitution further provides that 
the State tax on property for all purposes shall not 
exceed six mills on the dollar of its assessed valuation, 
and that no parish, municipal, or public board tax for 
all purposes shall exceed ten mills. To the latter 
clause, however, there are two exceptions. Municipal 
corporations, parishes, and drainage districts, the city 
of New Orleans excepted, when authorized by a vote 
of a majority in number and amount, or value, of the 
property taxpayers, voting at an election held for the 
purpose, may issue bonds to pay for waterworks, 
sewerage and other public improvements, and may 
levy a special tax of five mills to pay the interest on 
the same; and under a similar authorization, any 
parish, municipal corporation, ward or school district 
may levy a special tax in excess of the ten mills limit 
for the support of public schools, for the building of 
school houses, and for other permanent improvements. 
It will be seen, therefore, that there may be a differ- 
ence between the rate of State taxation and that of 
parishes, municipalities, etc. This brings out the dis- 
tinction between local and general taxes. Parishes 
and municipal corporations are taxed for the support 
of the State government; but the Constitution wisely 
provides that, under certain conditions, they may also 



TAXATION 



253 



tax themselves for the support of their local govern- 
ment and for such public improvements as they may 
find necessary. 

323. Kinds of Direct Taxes.— If we consider 
taxes with reference to the objects upon which they 
are laid, there are three kinds, viz., the tax on indi- 
viduals (the poll tax); the tax on land and its improve- 
ments (real estate or immovables); and the tax on 
personal property (movables). (i) As has already 
been stated, the poll tax is levied upon every male 
inhabitant of the State between the ages of twenty- 
one and sixty years. It is devoted to the support of 
public schools in the parishes in which it is collected. 
If a person has no property assessed against him, the 
Constitution declares that the collection of the poll 
tax cannot be enforced; but as the payment of the tax 
is required of voters, it is widely collected even where 
there is no property. (2) The tax on real estate or 
immovables constitutes the chief source of revenue in 
the State. The term "real estate " includes lands 
and all immovable improvements thereon, such as 
residences, barns, sugar houses, etc. (3) The term 
"personal property" includes a great variety of 
objects, such as (a) horses, cattle and other live 
animals, {b) all kinds of vehicles, {c) merchandise, (d) 
watches and jewelry, {e) household furniture exceed- 
ing $500 in value, (/) stocks, bonds and all other 
objects possessing monetary value. ^ The tax on 
certain kinds of movables, such as cattle and vehicles, 
which can be seen by the assessor, is easy to collect, 

* United States bonds and those of the State of Louisiana are non- 
taxable. 



254 CIVIL GOVERNMENT OF LOUISIANA 

but this is not true of such movables as stocks, bonds, 
and jewelry. Here the assessor must rely very largely 
on the honesty of the owners, who are often very suc- 
cessful in concealing this kind of wealth. Hence the 
tax on personal property brings in such small returns 
and creates such inequalities between those who pay 
it and those who do not, that it has been seriously 
questioned whether it would not be better to abolish it 
altogether. 

324. Tax on Inheritances, Legacies, and Dona- 
tions. — This tax has already been explained under 
Funds for Public Schools. It will be remembered 
that it can be enforced only when the property con- 
cerned has not previously borne its just proportion of 
taxes. 

325. Exemptions. — In Louisiana not all property 
is liable to taxation. Besides public property, which 
from its very nature is exempt, the framers of the 
Constitution thought proper to exempt the following 
kinds: 

(i.) All places of religious worship or burial. 

(2.) All charitable institutions. 

(3.) All buildings and property used exclusively for 
colleges or other school purposes; or for public monu- 
ments or historical collections. 

(4.) The real and personal estate of any public 
library, and that of any other literary association used 
by or connected with such library. 

(5.) All books and philosophical apparatus, and all 
paintings and statuary of any company or association 
kept in a public hall. 

In order that there may not be any abuse of this 



TAXATION 2_ 

exemption, the Constitution expressly provides that 
the property so exempted shall not be used or leased 
for purposes of private or corporate profit or income 
Hence, for example, an educational institution must 
pay taxes on any of its property which is not in actual 
use for school purposes. The only exception to this 
article was made by an amendment to the Consti- 
tution of 1879, ratified in 1884, which declares 
all the property of the Tulane University of Louisiana 
whether used actually for school purposes or leased 
for the support of the University, shall be exempt 
from taxation. If, however, this property ever exceeds 
five millions of dollars in value, the excess will be 
liable to taxation. ^ This amendment is recognized as 
valid by the present Constitution. 

326. Further Exemptions.- (i.) All household 
property to the value of $500 is exempt from taxation 
A similar exemption is found in a number of other 
States. Its object is to relieve the poorer classes who 
have only a moderate amount of household property 
from the burden of taxation; but, of course, it applies 
to the richer classes as well. 

(2.) Except during the last twenty-five years, the 
people of Louisiana devoted their energies almost 
entirely to agriculture; there were but few manufac- 
tures in the State except for the making of sugar. In 
order to encourage the rise and development of manu- 
factures, the Constitution of 1879 provided that 
beginning with the year 1880 certain important indus- 
tries s hould be exe mpt from all taxation for a period 

* For the privileges ^red by the University to the people of the 
State as an equivalent, see below under "State Institutions." 



256 CIVIL GOVERNMENT OF LOUISIANA 

of twenty years. The Constitution of 1898, without 
interfering with this provision, declares that there 
shall be exempt from parochial and municipal taxation 
for a period of ten years from January i, 1900, the 
capital, machinery, and other property employed in 
mining operations, and in the manufacture of textile 
fabrics, yarns, rope, cordage, leather, shoes, harness, 
saddlery, hats, clothing, flour, machinery, articles of 
tin, copper, and sheet iron, agricultural implements, 
furniture, and other articles of wood, marble, or 
stone; soap, stationery, ink and paper, boatbuilding, 
and fertilizers and chemicals. The only condition 
attached to this exemption is that not fewer than five 
hands shall be employed in any one factory. 

To encourage the building of railroads, the Consti- 
tution further provides that under certain conditions 
railroads or parts thereof constructed prior to Janu- 
ary I, 1904, shall be exempt from all taxation for a 
period of ten years from the date of completion. 

327. Taxations for Levees. — One of the most 
important objects of taxation in Louisiana is to main- 
tain a system of levees and thus prevent the inundation 
of the rich lands of the State in times of high water. 
Accordingly the Constitution provides that a general 
tax of one mill may be levied on all the taxable prop- 
erty in the State for the maintenance of levees. As 
the prevention of the frightful crevasses that have from 
time to time devastated the State concerns all, all 
may be taxed for this purpose. This tax, however, 
must fall within the six mills levied for State purposes. 



CHAPTER XXXVIII 

ASSESSMENTS. LICENSES. HOMESTEADS 

328. Importance of Assessments. — The proper 
assessment of property is sometimes a matter of as 
great importance to the taxpayer as the rate. It will 
be easily understood that a low rate of taxation might 
be as burdensome if the assessment were high, as a 
high rate would be if the assessment were low. The 
Constitution provides that the assessment of property 
must never exceed its cash value, and that taxpayers 
shall have the right to test the correctness of their 
assessments before the courts of justice. As it is often 
quite difficult, however, to determine the cash value 
of property, assessments may fall much below the 
price that the owner would accept. In other cases 
they may represent the full value of the property. If 
property is assessed too high, the owner is likely to 
complain; if it is assessed too low, he is not likely to 
say anything. 

329. Appointment of Assessors. — All assessors 
in Louisiana are appointed by the Governor, with the 
consent of the Senate, for four years. The object of 
selecting assessors in this manner is to make them as 
far as possible independent in the discharge of their 
duties. It is believed that this independence would 
be greatly impaired if they were chosen by a popular 
election. Some at least might fail to discharge the 
duties of their office strictly, for fear they would not 
be re-elected. 

257 



■258 CIVIL GOVERNMENT OF LOUISIANA 

330. Number and Duties of Assessors. — One 
assessor is appointed in each parish, except Orleans, 
in which there seven assessors, one from each munici- 
pal district. The assessor sends to each taxpayer a 
list of the various kinds of property taxable by law. 
Within ten days the taxpayer may return this list with 
a sworn statement of what property he possesses and 
may add what he thinks each piece of property is 
worth, but he is not compelled by law to make such 
returns. As soon as the list is returned the assessor 
either accepts the estimate of the owner or makes his 
own estimate of what 'the property is worth. If no 
list is returned, the assessor finds out as best he can 
what property the taxpayer has, and estimates the 
value thereof. If he believes that an incorrect return 
of property has been made, it is his duty to add a list 
of what has been omitted. The assessors, moreover, 
must make rolls containing a description and valuation 
of all the taxable property in the State. 

33 1 . Valuation. — The Constitution declares that 
the valuation put upon property for State purposes 
shall be taken as the proper valuation for parish and 
municipal taxation. A single valuation of all prop- 
erty throughout the State is both simpler and more 
economical. 

332. Police Juries and Assessments. — In order 
to obtain a fair and uniform valuation, the police jury, 
of each parish (other than Orleans), meets on the first 
Monday of July as a board of review to pass on 
applications for reduction and to examine into the 
fairness of all assessments that have been made. On 
the total assessment, they levy taxes at a rate that 



ASSESSMENTS. LICENSES. HOMESTEADS 259 

will defray all the expenses of the parish, provided 
only that this rate shall not exceed one per cent. 

333. The Orleans Board.— In Orleans, the City 
Council sits as a board of review, though it may dele- 
gate this duty to a committee, known as the " Com- 
mittee on Assessment." Between the first and the 
twentieth of March taxpayers may appear before the 
Committee and demand corrections. As was said 
above, whenever a taxpayer who has made the proper 
returns cannot obtain what he regards as justice, he 
may carry the question into court. 

334. Special Board of Appraisers. — The Con- 
stitution of 1898 provides that there shall be a State 
Board of Appraisers, composed of the State Auditor 
and six other members, to be elected for four years by 
the Governor, Lieutenant-Governor, Treasurer, At- 
torney-General, and Secretary of State, one from each 
Congressional district, whose duty it shall be to assess 
the property belonging to corporations, associations, 
and individuals employed in railway, telegraph, tele- 
phone, sleeping car, and express business. The 
assessments of property made by this board are final, 
unless the parties interested bring suit against the 
board and have the assessments changed by the court. 

335. Definition of a License. — A license is a 
charge imposed for public revenue purposes on persons 
engaging in certain trades, occupations, or profes- 
sions. In some cases this charge is fixed at so much 
per capita ; in others it is graded according to the 
gross annual receipts of the business. A parish or city 
may levy a license charge on the same classes of occupa- 
tions ; but it must never exceed the State license. The 



26o CIVIL GOVERNMENT OF LOUISIANA 

city of New Orleans, for example, imposes a license 
charge of the same amount as the State upon all the 
occupations and professions that are licensed by the 
State. 

336. Classes of Occupations Licensed. — There 
is a great variety of occupations now subject to this 
license charge. For instance, all merchants, all pro- 
prietors of hotels and places of amusement, all bank- 
ers, and all manufacturers of distilled liquors, tobacco, 
and cotton seed oil. Among professional persons the 
following must pay a license charge: — all physicians, 
attorneys at law, dentists, oculists, photographers, 
etc. The Constitution forbids the General Assembly 
to levy any license charge upon clerks, laborers, 
clergymen, school teachers, or persons engaged in 
agricultural, horticultural, mechanical, or mining pur- 
suits; or upon any manufacturers except those of dis- 
tilled liquors, tobacco, and cotton seed oil.^ 

337. Homestead Exemptions. — The Constitution 
provides that the homestead actually owned and occu- 
pied by any head of a family or by any one having a 
father, mother, or other person dependent upon him 
or her, shall be exempt, under certain conditions, 
from seizure and sale for any debts contracted by the 
owner. The benefit of this exemption may be 
claimed by the surviving wife of the owner, or by his 
minor children. A homestead may include land to the 

* The manufacturers of cotton seed oil have been so prosperous 
that it was not thought necessary to encourage them by an exemp- 
tion. No exemption is ever offered to manufacturers of liquors and 
tobacco. On the contrary they are generally taxed heavily; for it is 
believed that "vices have broad backs." Dealers in pistols and pis- 
tol cartridges also pay a special license to the State. 



ASSESSMENTS. LICENSES. HOMESTEADS 26r 

extent of one hundred and sixty acres, together with 
the buildings and appurtenances. Under the same 
exemption come two work horses, one wagon or 
cart, one yoke of oxen, two cows and calves, twenty- 
five head of hogs, or one thousand pounds of pork, 
whether these objects be attached to a homestead or 
not ; and on a farm, the necessary quantity of corn 
and fodder for the current year, and the necessary 
farming implements. No registration of homesteads 
is required ; but the whole amount of property 
exempted must never exceed the value of $2,000. 

338. Conditions. — To hold a homestead exempt 
the owner must have complied with the following con- 
ditions : he (or she) must have paid the purchase 
price of the homestead ; he must have paid for any 
labor or material he has engaged for building or 
repairing it ; he must have paid his taxes and assess- 
ments ; he must have paid over to the proper persons 
any money that, as a public officer or an agent, he 
may have collected ; and finally he must have no 
debts for rent resting upon his property as security. 
If he has discharged all these obligations, the home- 
stead cannot be taken from him by any other credi- 
tors. It is to be noted, however, that no husband can 
take advantage of the homestead exemption whose 
wife owns and is in actual enjoyment of property to 
the value of $2,000. Moreover, any person entitled 
to a homestead may waive or give up the privilege by 
signing with his wife and having recorded, in the office 
of the recorder of mortgages of his parish, a written 
waiver of the same ; or he may sell his homestead, 
subject to the claim of his creditors. The object of 



262 CIVIL GOVERNMENT OF LOUISIANA 

the homestead provision in the Constitution is to pre- 
vent families in which there are dependent persons 
from losing the bare means of subsistence through 
ignorance or recklessness in contracting debts. It is 
regarded as a wise provision. 



CHAPTER XXXIX 

GENERAL PROVISIONS OF THE CONSTITUTION 

Under this head are enumerated a number of more 
or less important articles touching a variety of topics. 
Only the most important can be mentioned here. 

339. Treason against the State. — Treason 
against the State of Louisiana consists only in levying 
war against it or adhering to its enemies, by giving 
them aid and comfort. In this country the crime of 
treason is always very carefully defined, because for- 
merly in England so many different kinds of actions 
were construed as treasonable that men's liberties 
were never safe. The Constitution further declares 
that no person shall be convicted of treason except on 
the testimony of two witnesses to the same overt act, 
or on his confession in open court. Thus it is more 
difficult to prove a case of treason than any other 
crime. 

340. Federal and State Treason. — The treason 
clause of the Louisiana Constitution is borrowed liter- 
ally from the Federal Constitution, which provides for 
treason against the United States government. When 
the Federal Constitution was framed in 1787, a 
motion was made to deny to the various States the 
power to punish treason, but it was voted down. 
Hence it will be seen that it is possible to commit 
treason either against the Federal or against the State 
government. Before the Civil War, the Southern 

263 



264 CIVIL GOVERNMENT OF LOUISIANA 

people maintained that, as a State had the power to 
punish for treason, they owed prime allegiance to their 
respective States, and must follow their State if it 
seceded from the Union. Since the result of the war, 
however, practically decided that a State cannot 
secede, the South has accepted the decision of battle 
and no longer places State allegiance before Federal 
allegiance. In Louisiana there has never been a case 
of treason ; but in Rhode Island in 1844, T. W. Dorr 
was convicted of treason against the State and 
imprisoned therefor."^ 

341. Ex Post Facto Laws and Obligation of 
Contracts. — The General Assembly can pass no ex 
post facto law, nor any law impairing the obligation of 
contracts. * ' An ex post facto law, " says Chief Justice 
Marshall, ' * is one which renders an act punishable in 
a manner iii which it was not punishable when it was 
committed." In the United States the phrase ex 
post facto applies to criminal laws only, t The injus- 
tice of such legislation is easily seen. It is not sur- 
prising, therefore, that the Federal Congress is also 
prohibited from passing ex post facto laws. A large 
amount of the business of the world is transacted 
by means of contracts or written agreements. If laws 
could be passed to modify or weaken the binding force 
of these contracts, the result would be to destroy the 
confidence that is so essential to the business world. 
The Federal government is neither forbidden nor 
empowered to impair by law the obligation of its own 

* For the pardon of treason, see under "Powers of the Execu- 
tive," p. 205. 

f The American Government. 



GENERAL PROVISIONS OF THE CONSTITUTION 265 

contracts. It would seem that it was unnecessary to 
insert the foregoing provisions in the State Constitu- 
tion, for the Constitution of the United States 
expressly forbids any State to enact these particular 
laws. Hence the General Assembly could not exer- 
cise such a right, even if it were not forbidden in the 
State Constitution. It would be pronounced uncon- 
stitutional by either the State or the Federal Courts. 
342. Immunity of Private Property. — Private 
property cannot be taken or damaged for public pur- 
poses without just and adequate compensation being 
first made. It frequently becomes necessary for the 
State to take private property for public purposes. 
For instance, it may be necessary to take a portion of 
a man's land to build a public road or a court-house. 
No one can refuse to give up the land required; for 
the government can seize it by what is known as 
the right of ''eminent domain." In compensating 
persons for property thus taken the amount paid is 
the supposed cash value of the land. If there is any 
dispute, a jury of owners of real estate (freeholders) 
is chosen to determine the value. No compensation, 
however, is allowed to riparian proprietors, outside of 
New Orleans, for land taken for the site of levees. In 
cases where compensation was demanded, the courts 
have held that as the owners of land fronting on the 
river were required in the original French and Spanish 
grants to build their own levees, the present owners 
cannot justly claim any damages, now that the State 
and the Federal Government undertake the task of 
caring for the levees. In New Orleans compensation 
has been granted to persons for certain pieces of 



266 CIVIL GOVERNMENT OF LOUISIANA 

property which did not originally front upon the river, 
and which were seriously damaged by the building of 
a new levee, and the present Constitution specially 
provides that in the city of New Orleans any person 
whose property has been appropriated by the levee 
board for levee purposes may sue the board for the 
value of the property. No claim, however, for com- 
pensation can be made if the land appropriated is bat- 
ture property (made by accretions of the river), or 
vacant property where only a part is taken and the 
effect of the levee building is to protect the rest, or 
property the control of which for commerce has been 
vested in the State or city authorities. The Federal 
Government is also forbidden by the Constitution of 
the United States to take private property without 
due compensation, and the XIV. amendment prac- 
tically denies the right to the several States. 

343. Paupers. — Each parish- is required to sup- 
port all infirm, sick, and disabled paupers living within 
its limits. Every town or city, however, which is not 
under the control of the parish police jury, must sup- 
port its own paupers. This provision of the Constitu- 
tion is carried out by the establishment of what are 
termed poor houses. 

344. Board of Arbitration. — It is the duty of the 
General Assembly to pass such laws as may be neces- 
sary to decide differences by arbitration. This article 
was inserted also in the Constitution of 1879, and in 
accordance therewith the General Assembly, in 1894, 
provided for the appointment of a State Board of 
Arbitration. This board consists of five persons, 
appointed by the governor. Two of them must be 



GENERAL PROVISIONS OF THE CONSTITUTION 267 

employers of labor, two must be employes, and the 
fifth is appointed on the recommendation of the other 
four. 

345. Duties of the Board. — Whenever there is 
any "strike" or "lockout" of labor in the State, 
the board may be called upon by the mayor of a city 
or other proper authority to visit the locality. After 
an examination of the case, the board advises the 
respective parties as to what, if anything, ought to be 
done by either party or both to adjust the dispute. 
It has been called together during several labor dis- 
putes, and has already done good service in the State, 
though its office is only one of advice. Its decisions 
are generally strongly supported by public opinion. 

346. Gambling. — Gambling is declared to be a 
vice, and the General Assembly is required to pass 
laws to suppress it. As this provision is found also 
in the Constitution of 1879, the General Assembly 
had already, even before the framing of the present 
Constitution, enacted laws of great stringency on the 
subject, with the most excellent results. The present 
Constitution adds that the pernicious practice of 
gambling or dealing in "futures" on agricultural 
products or articles of necessity, where the intention 
of the parties is not to make an honest bona fide 
delivery of the goods, is contrary to public policy, 
and the Legislature must pass laws to suppress it. 
This is a form of speculation in which contracts are 
made for the future delivery of products; but the con- 
tracting parties do not expect to deliver or to receive 
the actual goods; for balances may be settled in 
money according to the state of the market. Such 



268 CIVIL GOVERNMENT OF LOUISIANA 

speculation frequently leads to the '•cornering." or 
monopoly of some leading staple in the market, and 
to the forcing up of the price of the necessaries of 
life. Many persons believe that this kind of specula- 
tion unsettles the market and causes distress to the 
poorer classes. Hence this provision of the Consti- 
tution, and another following it, which declares it 
unlawful for persons or corporations to combine or 
conspire for the purpose of forcing up or down the 
price of any agricultural product or article of neces- 
sity for speculative purposes. ^ 

347. Convicts. — Until the present Constitution 
was framed, it was customary to lease the convicts of 
the State penitentiary to private individuals or cor- 
porations, who paid the State for their services. So 
many abuses, however, in Louisiana and other States 
have arisen from this method of leasing convicted 
persons that the present Constitution wisely provides 
that no convict sentenced to the penitentiary shall be 
leased or hired to any person, corporation, or board. 
The convicts, however, may be employed under State 
supervision on public roads and other public works, or 
on convict farms, or in manufactories owned or con- 
trolled by the State. Moreover, judges in any parish 
may, under certain conditions, sentence persons con- 
victed of any offence to work on the roads or other 
public works of the parish. 

348. Pensions. — Pensions, not to exceed in all 
$75,ooo a year, are granted to indigent veterans of 
the Confederate army or navy who were originally 

*On this subject the student would do well to consult some lead- 
ing merchant of the community in which he lives. 



GENERAL PROVISIONS OF THE CONSTITUTION 269 

mustered into service from Louisiana, or who have 
resided in the State for a certain number of years. 
For each veteran the pension is eight dollars a month; 
but he must possess the follov^ing qualifications: (i) 
He must have served honorably from his enlistment 
until the close of the Civil War, or until he was dis- 
charged or paroled; and he must have remained true 
to the Confederate government till the surrender. (2) 
He must be indigent and unable to earn a livelihood 
by his own labor. (3) He must not be salaried or 
otherwise provided for by the State of Louisiana, 
or by any other State or government. (4) In case he 
resided in another State, and enlisted in an organiza- 
tion not mustered in from Louisiana, or in the Con- 
federate navy, he must have resided in Louisiana 
fifteen years before he applies for a pension. Under 
certain conditions, a like pension is granted to the 
widows of veterans.* 

* Provision is made for disabled veterans in the Soldiers' Home. 



CHAPTER XL 

STATE INSTITUTIONS. BOARDS AND COMMISSIONS 

349. Charitable Institutions. — We have seen 
that it is the duty of each parish or municipal cor- 
poration to provide for the sick or disabled paupers 
resident within its hmits. Besides the paupers, how- 
ever, there are a large number of afflicted persons for 
whom the State makes provision in its charitable or 
eleemosynary institutions. Thus there is a home for 
disabled Confederate soldiers, hospitals for the sick, 
and asylums for the insane, and for the deaf and 
dumb, and for the blind. The State makes appropria- 
tions for the support of these institutions, and the 
afflicted persons sent to them, if indigent, are cared 
for without charge. 

350. Charitable Hospitals. — There are two 
charitable hospitals in the State — one in New Orleans 
and one in Shreveport — which receive appropriations 
from the General Assembly. These appropriations 
may vary from time to time, but in 1901 they 
amounted to $19,000 for the Shreveport hospital, 
and $95,000 for the charitable hospital of New 
Orleans, with additional sums for the improvement 
of buildings, etc. Both these institutions are under 
the control of boards appointed by the governor of 
the State. The sick are treated without charge. 

35 1 . Institute for the Deaf and Dumb. — 
This institution is situated in Baton Rouge. It is 
controlled by a board of trustees, appointed by the 

270 



STATE INSTITUTIONS. BOARDS AND COMMISSIONS 27I 

governor, with the consent of the senate. This board 
consists of seven resident citizens of the State, with 
the governor as ex-officio president. It appoints a 
general superintendent of the institution. All persons 
of sound mind and proper health, between the ages of 
eight and twenty-two years, who are deaf and dumb, 
or who are of such defective speech or hearing as not 
to be able to acquire an education in the ordinary 
schools, are admitted and provided with instruction, 
board, and medical attendance at the expense of the 
mstitution. The institute receives from the State 
$21,600 a year. 

352. Institute for the Blind.— This institution, 
also, is situated in Baton Rouge. The board of 
trustees, which consists of seven members, is ap- 
pointed by the governor, with the consent of the senate. 
The governor, himself, is ex-officio president. The in- 
stitute receives, instructs, and supports all persons 
blind, or of such defective vision as not to be able to 
acquire an education in the ordinary schools, who are 
between the ages of seven and twenty-two, of sound 
mind and proper health, and residents of the State. 
The institute receives from the State $10,000 a year. 
353. Insane Asylum.— This institution is located 
at Jackson, Louisiana. It receives an annual appro- 
priation of $125,000. The governor, with the consent 
of the Senate, appoints eight persons, who constitute 
the board of administrators. These are appointed for 
four years from the State at large. Insane persons 
are admitted for life. Those who are indigent pay 
nothing, those who are able to pay are charged not 
less than $10 a month. 



272 CIVIL GOVERNMENT OF LOUISIANA 

354. Educational Institutions of the State. — 
Besides making provision for the support of the pubhc 
schools, the State gives aid out of its general funds to 
certain institutions of higher learning. Only a brief 
mention of these can be made. They are (i) the 
Louisiana State University and Agricultural and 
Mechanical College at Baton Rouge, which receives 
$ I 5,000; (2) the State Normal School at Natchitoches, 
which receives $18,000; (3) the Industrial School at 
Ruston, which receives $10,000; (4) the Southwestern 
Louisiana Industrial Institute, which receives $10,000^ 
(5) the Southern University (colored), in New Orleans, 
which receives $10,000; and (6) the Teachers' Insti- 
tutes, held throughout the State, which receive $1,450. 
In return for this aid from the State all these institu- 
tions give free instruction to State students attending 
them. 

355. Tulane University of Louisiana. — This 
institution is supported by private endowment and 
receives no direct aid from the State. As was stated 
above, however, it is exempted by a constitutional 
amendment from all taxation on its property, whether 
actually used for educational purposes or not. In 
return for this indirect aid, Tulane University grants 
in its academic department a number of scholarships, 
which give free tuition to the students obtaining them. 
As each member of the General Assembly has the 
privilege of appointing one student to a free scholar- 
ship, the whole number so appointed may be one 
hundred and fifty-three. 

356. Educational Advantages. — From the brief 
account given of the various educational institutions 



STATE INSTITUTIONS. BOARDS AND COMMISSIONS 275 

of the State, it will be seen that great facilities are 
offered even to the poorest students for obtaining an 
education in the higher as well as in the lower 
branches of learning. Every year shows an increase 
of these facilities. 

357. Board of Charities and Corrections. — So 
much progress has been made of late years in the 
organization of charitable associations, and in the 
study of the treatment of the insane and the criminal 
classes, that the Constitutional Convention was urged 
to appoint a Board of 'Charities and Corrections for 
the State. In compliance with this request the 
present board was established. It consists of six 
members, of whom the governor is ex officio chairman. 
The other five members, after the first appointment, 
are appointed by the governor for six years. They 
elect a salaried secretary, but serve themselves with- 
out compensation. The board has no administrative 
or executive powers. It visits and inspects all public 
charitable, correctional, or reformatory institutions, 
and all such private institutions as are aided or used 
by parochial or municipal authorities, and all private 
insane asylums, whether so used or aided, or not. It 
is required to report annually to the governor and to 
the General Assembly at each session the actual condi- 
tion of the institutions visited, and to make such sugges- 
tions as may be necessary for their improvement. The 
suggestions, however, must in each case be approved by 
the majority of the board controlling the institution. 

358. Louisiana State Board of Agriculture and 
Immigration. — This board has such important duties 
to perform, that the Constitution declares it to be an 



274 CIVIL GOVERNMENT OF LOUISIANA 

integral part of the State government. It consists of 
six members, one from each congressional district, 
appointed by the governor, with the consent of the 
Senate, for six years. In addition the governor, the 
commissioner of agriculture and immigration, the 
president of the Louisiana State University and Agri- 
cultural and Mechanical College, the vice-president of 
the board of supervisors of the same institution, and 
the director of the State experimental stations are all 
ex officio members. The members serve without com- 
pensation except for actual expenses. The duties of 
the board are to encourage, advance, and protect the 
agricultural interests of the State, and to foster immi- 
gration. 

359. Boards of Health. — The General Assembly 
has created a board of health for the State at large, 
and a board for each parish and municipality. 

(i) The State board consists of seven physicians 
from various sections of the State, all of whom are 
appointed by the governor, with the consent of the 
Senate. One of them is always appointed president 
of the board by the governor, at a salary of $5,000 a 
year. The powers of the board are extensive. It has 
control and authority over all maritime quarantine in 
the State, and supervisory authority over land quaran- 
tine, and over all infectious and contagious diseases 
to suppress and prevent the spread of the same. It 
further prepares and publishes a sanitary code for the 
regulation of the health of the State, for the keeping 
of vital statistics, and for the prevention of the adul- 
teration of all articles intended for human food and 
consumption. 



STATE INSTITUTIONS. BOARDS AND COMMISSIONS 275 

(2) Parish Boards. — The police jury of each parish 
is required to elect or appoint a suitable person from 
each ward of the parish, not embraced in an incor- 
porated municipality, and at least three of such 
persons constitute the parish board of health. 
The parish board passes ordinances of a local char- 
acter for the sanitation and health of the parish; but 
these ordinances must not violate any of the regula- 
tions of the State board, which has supreme authority. 

(3) Municipal Boards. — The council or legislative 
body of every incorporated municipality in the State is 
required to elect five suitable persons to constitute a 
board of health. In Shreveport and Baton Rouge the 
governor appoints three members of such boards. The 
powers of the municipal boards are the same as those 
of the parish boards. Whenever a parish or a muni- 
cial board fails to take proper measures for the 
suppression of disease, the State board has authority 
to interfere for the preservation of the public health. 

360. Railroad Commission in Louisiana. — The 
present constitution created a Railroad Commission to 
be composed of three members elected from certain 
districts of the State. After the first election they are 
elected for six years. They have an ofBce and meet 
in Baton Rouge. Their salary is $3,000 a year. The 
Commission has the power to adopt just rates, charges, 
and regulations to govern all railroads, steamboats, 
sleeping cars, express companies, telephone, and tele- 
graph companies within the State. It can prevent 
such companies from charging higher rates for a 
shorter than for a longer distance over their respective 
lines, and it can require railway companies to build 



276 CIVIL GOVERNMENT OF LOUISIANA 

suitable depots, and to keep their tracks and bridges in 
safe condition, etc. Of course, it is only between points 
within the State that the power of the Commission 
can affect the transportation of passengers and freight, 
or the sending of express matter and telegraph and 
telephone messages. Under the Federal Government 
there is a Railroad Commission to regulate traffic 
between the different States. 



CHAPTER XLI 



POLITICAL PARTIES 



36 I . Origin and Necessity of Political Parties. 
— As all persons do not agree as to the best method of 
managing the government — either Federal, State, or 
municipal — political parties were formed at a very 
early period in the history of this country. The object 
of each party is to get possession of the reins of gov- 
ernment and to hold them by the exclusion of its 
opponents. In order to accomplish this, it is custom- 
ary for each party, as for instance, the Democratic 
and the Republican party at the present time, to adopt 
a platform or statement of principles, which is pub- 
lished to the State or the country, and on which it 
strives to elect its candidates. While there are many 
abuses in the organization and management of polit- 
ical parties, such parties, it is admitted by all, are 
necessary adjuncts to the government of every coun- 
try. Their opposition to one another brings the prin- 
ciples of government clearly before the people, and 
the discussions that accompany every campaign serve 
as an important means of education. Moreover, every 
party has to be very careful what policy it pursues 
while in power; for it knows that its mistakes will be 
sharply criticised by its opponents, and that it may be 
turned out of office at the next election. The govern- 
ment, therefore, is likely to be more wisely adminis- 
tered if there exist at least two political parties to 

277 



278 CIVIL GOVERNMENT OF LOUISIANA 

serve as a check one upon the other. However this 
may be, there is no danger of poUtical parties dying 
out. Their existence is assured for two reasons: (i) 
differences of opinion will always exist, and (2) the 
government, both Federal and State, has honorable 
and lucrative offices within its gift, and it is certain 
that the desire to obtain these will create factions and 
keep up party strife. For while "civil service reform" 
will remove the lower offices from politics, the higher 
ofBces will continue to be the reward of successful 
candidates. 

362. Organization of State Political Parties. — 
As is the case in national politics, so in every State 
each political party nominates its candidates and con- 
ducts its campaign to a large extent as it thinks proper. 
Central and local committees are appointed, which 
have charge of what is called the party machine. 
These committees call conventions, engage public 
speakers to advocate the campaign platform, and also 
marshal the forces of their political party. Within cer- 
tain limits, however, the laws of the State interfere 
and regulate matters. For instance, we have seen 
that the law of Louisiana permits political parties to 
nominate candidates by obtaining the signatures of a 
certain number of voters to a "nominating paper." 
The General Assembly has also passed a law, which 
declares that any person offering or giving to a voter a 
bribe or any voter accepting the same in any primary 
election, mass meeting, convention, or other political 
gathering, shall be guilty of bribery, and on convic- 
tion shall be imprisoned not less than six months or 
more than three years, and fined not less than $25 



POLITICAL PARTIES 2/9 

nor more than $2,000. These laws are indirectly a 
recognition of political parties, but beyond this the 
control of nominations, etc., is exercised largely by 
the parties themselves. It is not necessary to explain 
all the steps taken in a political campaign; but it is 
important to give at least a brief description of the 
primar}'. 

363. The Primary. — The simplest form or unit 
of political organization is the primary. "To call a 
primary' ' is generally the first step taken by one of the 
regular political parties in order to bring its candidates 
before the public. A primary then is a caucus or 
meeting in a ward or precinct of all the voters belong- 
ing to some political faction. Its function is either to 
nominate a candidate to represent the ward in some 
department of the government, or to choose a dele- 
gate or delegates to a parish or a State nominating 
convention. 

364. Management of Primaries. — Although the 
importance of the primaries is very generally appre- 
ciated, it is unusual for more than six or seven per 
cent of the voters in any ward to attend them. This 
non-attendance is caused by a dislike on the part of 
the better classes to associate with the politicians that 
generally frequent the primaries. The result is that 
the control of these influential bodies is largely left to 
a few "ward bosses." These decide among them- 
selves what candidates shall be nominated or delegates 
chosen, and the obedient primary often ratifies their 
choice. It may be added that as each primary meet- 
ing is governed by its own regulations, the leaders of 
the ward manage to exclude all the voters who refused 



28o CIVIL GOVERNMENT OF LOUISIANA 

to vote the party ticket at the last election or who in 
some other way have shown themselves too inde- 
pendent. ♦ 

365. Primary Elections. — Often the nomination of 
•candidates, etc., is settled by a vote in the primary 
meeting itself. Sometimes, however, an opposition 
faction is formed, and two sets of candidates are offered. 
In such a case the issue may be submitted to what is 
called a primary election. Polls are opened, commis- 
sioners are appointed by the primary, and each faction 
strives to obtain the victory by polling the larger vote. 
The defeated faction is generally pledged to abide by 
the result. Since January first, 1900, the manner of 
holding primary elections in Louisiana has been regu- 
lated by law. The general provisions are as follows: 
Any committee or body, authorized by the rules or 
customs of a political party in this State (having the 
right under the election law to make nominations by 
conventions) to call primary elections of or for such 
political parties, shall at the time of calling such elec- 
tion, adopt a resolution setting forth {a) at what place, 
time and hours the election will be held; {b) the num- 
ber of officers to preside at each polling booth and the 
manner of choosing the same; [c) the object for 
which the election is held; {d) the special qualifica- 
tions required for voters, in addition to those pre- 
scribed by the election law and the Constitution. The 
State central committee of the political party inter- 
ested, and the various district and parish committees, 
may adopt such rules and regulations as they may 
deem proper; but the rules of subordinate committees 
may be revised by a committee of the State central 



POLITICAL PARTIES 28l 

committee. The election officers must reject any vote 
offered by a person not a legal voter or not possessing 
the qualifications required. 

366. Independeivt Movements. — Outside of the 
regular political parties, a body of voters, despairing 
of carrying the primaries, will frequently start an 
independent campaign. Under "Election La v^^s" we 
have seen that candidates may be nominated by 
"nomination papers or by a convention of a political 
party that cast ten per cent of the votes at the last 
election. Thus candidates may be brought before the 
public without a primary. As most voters, however, 
cast their ballots for the candidates presented by the 
regular machinery of their political party, it is difficult 
to make an independent movement successful. Never- 
theless in city elections, when public sentiment is 
aroused, the independent movement has often been 
found an excellent method of accomplishing a reform. 
In State politics it seldom succeeds, and in national 
politics, never. It is particularly useful, however, 
when it enables a voter to cast his ballot in accordance 
with his principles. Too frequently a voter is com- 
pelled either to abstain from voting or to vote for the 
nominee of his party when he disapproves of that 
nominee. 

We have now considered the various functions of 
the government of Louisiana. It will be seen that, 
taken as a whole, the government of a State is a 
rather complicated piece of machinery, which requires 
close attention and study to understand all the parts 
and their relations to one another. It is to be remem- 
bered, however, that the State is yet to be considered 



282 CIVIL GOVERNMENT OF LOUISIANA 

with reference to the great Union of which it forms a 
part. Many of the functions of its government will 
be better comprehended when examined from this 
higher point of view. 



PART III 

The Government of the United States 



CHAPTER XLII 

THE MAKING OF THE GOVERNMENT 

The America7i Cover fiment. Sections 66- 222 inclusive. 

The United States, both as forty-five individual States 
and as a Nation, are an outgrowth of the Thirteen Eng- 
lish Colonies planted on the eastern shore of North 
America in the years 1607-1V32. The process by which 
this change was effected, will be briefly described in this 
chapter. 

367. The Colonial Govfernments.— The Kings of 
England gave to the companies, proprietors, and 
associations that planted the Colonies certain political 
powers and rights. These powers and rights were 
formally granted in documents called charters and 
patents; they were duly protected by regular govern- 
ments, and so became the possession of the people 
of the Colonies. While differing in details, these 
governments were alike in their larger features. There 
was in every Colony (1) an Assembly or popular house of 
legislation; (2) a Council, which served as an upper 
house of legislation in most of the Colonies and as an 

283 



284 THE GOVERNMENT OF THE UNITED STATES 

advisory body to the governor in all of them; (3) a Gov- 
ernor, and (4) Courts of Law. The members of the as- 
sembly were chosen by the qualified voters. The mem- 
bers of the council and the governors were elected by 
the people in Connecticut and Rhode Island, and were 
appointed by the proprietors in Maryland and Pennsyl- 
vania, and by the King in the other colonies. The 
judges were generally appointed by the King or his 
representatives. Powers of local government were 
distributed to local officers in every Colony. 

368. The Home Government. — The kings who 
granted the charters and patents, for themselves and their 
'descendants, guaranteed to their subjects who should 
settle in the Colonies and their children all liberties, 
franchises, and immunities of free denizens and native 
subjects within the realm of England. Previous to the 
troubles that led to the Revolution, the Home govern- 
ment commonly left the Colonies practically alone as free 
states to govern themselves in their own way. Still 
they were colonies. The charters enjoined them not to 
infringe the laws of England, and Parliament passed an 
act expressly declaring that all laws, by-laws, usages, 
and customs which should be enforced in any of them 
contrary to any law made, or to be made, in England 
relative to said Colonies should be utterly void and of 
none effect. Moreover, the power to decide what was 
so contrary the Home government retained in its own 
hands. 

369. Dual Government. — Thus from the very begin- 
ning the Colonies were subject to two political authorities; 
one their own Colonial governments, the other the Crown 
and Parliament of England. In other words, govern- 
ment was double, partly local and partly general. This- 
fact should be particularly noted, for it is the hinge uport 



THE MAKING OF THE GOVERNMENT 285 

which our present dual or federal system of government 
turns. The American, therefore, as has been said, has 
always had two loyalties and two patriotisms. 

370. Division of Authority.— In general, the line 
that separated the two jurisdictions was pretty plainly 
marked. It had been traced originally in the charters and 
patents, and afterwards usage, precedent, and legislation 
served to render it the more distinct. The Colonial gov- 
ernments looked after purely Colonial matters; the Home 
government looked after those matters that affected 
the British Empire. The Colonies emphasized one side 
of the double system, the King and Parliament the 
other side. There were frequent disagreements and 
disputes; still the Colonists and the Mother Country 
managed to get on together with a good degree of har- 
mony until Parliament, by introducing a change of 
policy, brought on a conflict that ended in separa- 
tion. 

37 I . Causes of Separation. — The right to impose 
and collect duties on imports passing the American cus- 
tom houses, the Home government had from the first as- 
serted and the Colonies conceded. But local internal 
taxation had always been left to the Colonial legislatures. 
Beginning soon after 1760, or about the close of the war 
with France, which had left the Mother Country burdened 
with a great debt. Parliament began to enforce such 
taxes upon the people directly. These taxes the Colonies 
resisted on the ground that they were imposed by a 
body in which they were not represented or their voice 
heard. Taxation without representation they declared 
to be tyranny. At the same time, the acts relative to 
American navigation were made more rigorous, and 
vigorous measures were taken to enforce them. In 
the meantime the Colonies had greatly increased in 



286 THE GOVERNMENT OF. THE UNITED STATES 

numbers and in wealth, and the idea began to take root 
that such a people, inhabiting such a country, could not 
permanently remain dependent upon England but must 
become an independent power. The stamp tax was 
one of the objectionable taxes. 

372. Independence.— The Home government dropped 
or changed some of its obnoxious measures, but still 
adhered to its chosen polic3\ New and more obnoxious 
measures were adopted, as the Massachusetts Bay Bill 
and the Boston Port Bill. The Congresses of 1765 and 
1774 protested, but to no real purpose. Some of the 
Colonies, like Massachusetts, began to take measures 
looking to their defense against aggression; and the 
attempt of General Gage, commanding the British 
army in Boston, to counteract these measures led to the 
battle of Lexington, April 19, 1775, and immediately 
brought on the Revolutionary War. All attempts at 
composing the differences failing, and the theater of war 
continuing to widen, the American Congress, on Jul}' 4, 
1776, cut the ties that bound the Thirteen Colonies to 
England. After eight years of war the British govern- 
ment acknowledged American Independence. 

373. The Political Effects of Independence. — The 
Declaration of Independence involved two facts of the 
greatest importance. One was the declaration that the 
Colonies were free and independent States, absolved from 
all allegiance to the British crown. The other was the 
formation of the American Union. The original members 
of the Union as States and the Union itself were due to the 
same causes. The language of the Declaration is, ''We, 
. . . the representatives of the United States of America, 
in general congress assembled, . . . do, in the name, 
and by the authority, of the good people of these Colo- 
nies, solemnly publish and declare" their independence. 



THE MAKING OF THE GOVERNMENT 287 

The States took their separate position as a nation 
-among the powers of the earth. Thus, before the Rev- 
olution there were Colonies united politically only by 
their common dependence upon England; since the 
Revolution there have been States united more or less 
closely in one federal state or union. 

374. The Continental Congress.— The body that put 
forth the Declaration of Independence, known in history 
as the Continental Congress, had, in 1775, assumed con- 
trol of the war in defense of American rights. It had 
adopted as a National army the forces that had gathered at 
Boston, had made Washington its commander-in-chief, 
and had done still other things that only governments 
claiming nationality can do. And so it continued to act. 
First the American people, and afterwards foreign gov- 
ernments, recognized the Congress as a National govern- 
ment. But it was a revolutionary government, resting 
upon popular consent or approval, and not upon a writ- 
ten constitution. A government of a more regular and per- 
manent form was called for, and to meet this call Con- 
gress, in 1777, framed a written constitution to which was 
given the name, ''Articles of Confederation and Perpet- 
ual Union." Still Congress had no authority to give this 
constitution effect, and could only send it to the States 
and ask them for their ratifications. Some delay ensued, 
and it was not until March 1, 1781, that the last ratifica- 
tion was secured and the Articles went into operation. 

375. The Confederation. — ^The government that the 
Articles provided for was very imperfect in form. It con- 
sisted of but one branch, a legislature of a single house 
called Congress. Such executive powers as the Govern- 
ment possessed were vested in this body. The States ap- 
pointed delegates in such manner as they saw fit, and had 
an equal voice in deciding all questions. Nine States were 



26Q THE GOVERNMENT OF THE UNITED STATES 

necessary to carry the most important measures, and to 
amend the Articles required unanimity. In powers the 
Government was quite as defective as in form. It could 
not enforce Its own will upon the people, but was wholly 
dependent upon the States. It could not impose taxes 
or draft men for the army, but only call upon the States 
for money and men; and if the States refused or neglected 
to furnish them, which they often did, Congress had no 
remedy. Much of the disaster and distress attending the 
war grew out of the weakness of Congress, and when 
peace came, the States became still more careless, while 
Congress became weaker than ever. Meantime the state 
of the country was as unsatisfactory as that of the Gov- 
ernment. The State governments were efficient, but they 
looked almost exclusively to their own interests. Com- 
mercial disorder and distress prevailed throughout the 
country. As early therefore as 1785 the conviction was 
forcing itself upon many men's minds that something 
must be done to strengthen the Government or the Union 
w^ould fall to pieces. 

376. Calling of the Federal Convention. — In 1785. 
Commissioners representing Virginia and Maryland met 
at Alexandria, in the former State, to frame a compact 
concerning the navigation of the waters that were 
common to the two States. They reported to their 
respective Legislatures that the two States alone could 
do nothing, but that general action was necessary. The 
next year commissioners representing five States met at 
Annapolis to consider the trade of the country, and 
these commissioners concluded that nothing could . be 
done to regulate trade separate and apart from other 
general interests. So they recommended that a general 
convention should be held at Philadelphia to consider 
the situation of the United States, to devise further pro- 



THE MAKING OF THE GOVERNMENT 289 

visions to render the Articles of Confederation adequate 
to the needs of the Union, and to recommend action that, 
when approved by Congress and ratified by the State 
Legislatures, would effectually provide for the same. 
This recommendation was directed to the Legislatures of 
the five States, but copies of it were sent to Congress 
also and to the Governors of the other eight States. So 
in February, 1787, Congress adopted a resolution invit- 
ing the States to send delegates to such a convention to 
be held in Philadelphia in May following. And the 
Legislatures of all the States but Rhode Island did so. 

377. The Constitution Framed.— On May 25, 1787, 
the Convention organized, with the election of Washing- 
ton as President. It continued in session until September 
17, when it completed its work and sent our present 
National Constitution, exclusive of the fifteen Amend- 
ments, to Congress. In framing this document great 
difficulties were encountered. Some delegates favored 
a government of three branches; others a government 
of a single branch. Some delegates wanted a legisla- 
ture of two houses; some of only one house. Some 
delegates wished the representation in the houses to 
be according to the population of the States; others 
were determined that it should be equal, as in the 
Old Congress. Differences as to the powers to be 
exercised by Congress were equally serious. There 
were also controverted questions as to revenue, the 
control of commerce, the slave trade, and many 
other matters. Furthermore, the opinions that the dele- 
gates held were controlled in great degree by State 
considerations. The large States wanted representation 
to be according to population; a majority of the small 
ones insisted that it should be equal. The commercial 
States of the North said Congress should control the 



290 



THE GOVERNMENT OF THE UNITED STATES 



subject of commerce, which the agricultural States of 
the South did not favor. Georgia and the Carclinas 
favored the continuance of the slave trade, to which 
most of the other States were opposed. But progress- 
ively these differences were overcome by adjustment and 
compromise, and, at the end, all of the delegates who 
remained but three signed their names to the Constitu- 
tion, while all the States that were then represented 
voted for its adoption. What had been done, however, 
was to frame a new constitution and not to patch up 
the old one. The body that framed it is called the Fed- 
eral Convention and the Convention of 1787. 

378. The Constitntion Ratified. — The Convention 
had no authority to make a new constitution, but only to 
recommend changes in the old one. So on the comple- 
tion of its work, it sent the document that it had framed 
to Congress with some recommendations. One of these 
was that Congress should send the Constitution to the 
States, with a recommendation that the Legislatures 
should submit it to State conventions to be chosen 
by the people, for their ratification. Congress took 
such action, and the States, with the exception of 
Rhode Island, took the necessary steps to carry out 
the plan. Ultimately every State in the Union ratified 
the Constitution ; but North Carolina and Rhode Island 
did not do so until the new Government had been some 
time in operation. Nor was this end secured in several 
of the other States, as Massachusetts, New York, and 
Virginia, without great opposition. 

379. Friends and Enemies of the Constitution. — 
Those who favored the ratification of the Constitution 
have been divided into these classes: (1) Those who saw 
that it was the admirable system that time has proved it 
to be; (2) Those who thought it imperfect but still be- 



THE MAKING OF THE GOVERNMENT 



291 



lieved it to be the best attainable government under the 
circumstances; (3) The mercantile and commercial classes 
generally, who believed that it would put the industries 
and trade of the country on a solid basis. Those who 
opposed it have been thus divided: (1) Those who re- 
sisted any enlargement of the National Government, for 
any reason; (2) Those who feared that their importance 
as politicians would be diminished; (3) Those who feared 
that public liberty and the rights of the States would be 
put in danger; (4) Those who were opposed to vigorous 
government of any kind. State or National.* 

380. The New G-overnment Inaugurated. — The 
new Constitution was to take effect as soon as nine States 
had ratified it, its operation to be limited to the number 
ratifying. When this condition had been complied with, 
the Continental Congress enacted the legislation neces- 
sary to set the wheels of the new Government in motion. 
It fixed a day for the appointment of Presidential Elect- 
ors by the States, a day for the Electors to meet and cast 
their votes for President and Vice-President, and a day 
for the meeting of the new Congress. The day fixed upon 
for Congress to meet was March 4, 1*789; but a quorum 
of the House of Representatives was not secured until 
April 1, and of the Senate not until April 6, owing to 
various causes. On the second of these dates the Houses 
met in joint convention to witness the counting of the 
Electoral votes. Washington was declared elected Pres- 
ident, John Adams Vice-President. Messengers were 
at once sent to the President- and Vice-President-elect 
summoning them to New York, which was then the 
seat of government. Here Washington was inaugurated 
April 30. The Legislative and Executive branches of 
the Government were now in motion. 

^G. T. Curtis: History of the Cofistitution, Vol. II, pp. 49o, 4i)6. 



CHAPTER XLIII 

AMENDMENTS MADE TO THE CONSTITUTION 

The American Government. Sections 457-460; 467-4J4; S3^'537^' 
604-607; 623-652. 

It was anticipated that amendments to the Constitu- 
tion would be found necessary, and a method was ac- 
cordingly provided for making them. This method em- 
braces the two steps that will now be described. 

38 \ . Proposing an Amendment. — This may be done 
in either of two ways. First, Congress ma}^ propose an 
amendment by a two-thirds vote of each House; sec- 
ondly. Congress shall, on the application of the Legisla- 
tures of two-thirds of the States, call a convention of 
the States for that purpose. The first way is evidently 
the simpler and more direct of the two, and it is the one 
that has always been followed. 

382. Ratifying an Amendment. — This also may be 
done in either one of two ways. One is to submit the 
amendment to the Legislatures of the States, and it be- 
comes a part of the Constitution when it is ratified by 
three-fourths of them. The other way is to submit the 
amendment to conventions of the States, and it becomes 
binding when three-fourths of such conventions have 
given it their approval. Congress determines which of 
the two ways shall be adopted. The first is the simpler 
and more direct, and it has been followed in every 
instance. 

383. Amendments I-X. — One of the principal ob- 
jections urged against the Constitution when its ratifica- 
tion was pending in 1787-88, was the fact that it lacked 
a bill of rights. Such a bill, it may be observed, is a 

292 



AMENDMENTS MADE TO THE CONSTITUTION 



293 



Statement of political principles and maxims. The States 
had fallen into the habit of inserting such bills in their 
constitutions. At its first session, Congress undertook to 
remedy this defect. It proposed twelve amendments, ten 
of which were declared duly ratified, December 15, 1791. 
These amendments, numbered I to X, are often spoken 
of as a bill of rights. 

384. Amendment XL— Article III of the Constitu- 
tion made any State of the Union suable by the citizens of 
the other States and by citizens or subjects of foreign 
states. (See section 2, clause 1.) This was obnoxious 
to some of the States, and when such citizens began to 
exercise their right of suing States a movement was set 
on foot to change the Constitution in this respect. An 
amendment having this effect was duly proposed, and 
was declared ratified January 8, 1798. 

385. Amendment XII. — According to the original 
Constitution, the members of the Electoral colleges cast 
both their ballots for President and neither one for Vice- 
President. The rule was that the candidate having most 
votes should be President, and the one having the 
next larger number Vice-President, provided in both 
cases it was a majority of all the Electors. In 1800 it 
happened that Thomas Jefferson and Aaron Burr had 
each an equal number of votes and a majority of all. 
The Democratic-Republican party, to which they be- 
longed, had intended Jefferson for the first place and 
Burr for the second. The election went to the House 
of Representatives, and was attended by great excite- 
ment. Steps were taken to prevent a repetition of such 
a dead-lock. This was accomplished by an amendment 
declared ratified September 25, 1804. 

386. Amendment XIIL— Slavery was the immediate 
exciting cause of the Civil War, 1861-65. In the course 



294 THE GOVERNMENT OF THE UNITED STATES 

of the war President Lincoln, acting as commander-in- 
chief of the army and navy of the United States, declared 
all the slaves held in States and parts of States that were 
engaged in the war against the Union free. The other 
Slave States, Delaware, Maryland, Kentucky, Tennes- 
see, and Missouri, and parts of Louisiana and Virginia, 
his power did not reach, as they were not in rebellion. 
The conviction grew strong throughout the country that 
slavery should not survive the war. This conviction 
asserted itself in Amendment XIII, which took effect 
December 18, 1865. 

387. Amendment XIV.— At the close of the Civil 
War Congress was called upon to deal with the im- 
portant question of readjusting the States that had 
seceded from the Union. It was thought necessary to 
incorporate certain new provisions into the Constitution. 
So an elaborate amendment was prepared and duly rati- 
fied. It was declared in force July 28, 1868. The most 
far-reaching of the new provisions were those in relation 
to citizenship contained in the first section. 

388. Amendment XV. — Down to 1870 the States 
had fixed the qualifications of their citizens for voting to 
suit themselves. At that time most of the States, and 
all of the Southern States, denied suffrage to the negroes. 
The emancipation of the slaves, together with Amend- 
ment XIV, made the negroes citizens of the United 
States and of the States where they resided. But 
the negroes had no political power, and so no direct 
means of defending their civil rights. To remed}^ this 
state of things a new amendment was proposed and 
ratified, bearing the date of March 30, 1870. It declared 
that the right of citizens to vote should not be abridged, 
either by the United States or by any State, on account 
of race, color, or previous condition of servitude. 



CHAPTER XLIV 

THE SOURCE AND NATURE OF THE GOVERNMENT 

The American Government. Sections 22^^-262; 6/0-613; 61^-620; 
^55-658; 763-772- 

The source of the Government of the United States, 
and some of its leading features, are either stated or 
suggested in the first paragraph of the Constitution. 
This paragraph is commonly called the Preamble, but it 
is really an enacting clause, since it gives the instrument 
its whole force and validity. 

389. The Preamble. — ''We, the people of the 
United States, in order to form a more perfect union, 
establish justice, insure domestic tranquillity, provide for 
the common defense, promote the general welfare, and 
secure the blessings of liberty to ourselves and our 
posterity, do ordain and establish this Constitution for 
the United States of America." 

The following propositions are either asserted or im- 
plied in this language : — 

1. The Government proceeds from the people of the 
United States. They ordain and establish it. It is 
therefore a government of the people, by the people,, 
and for the people. 

2. The ends for which it is ordained and established 
are declared. It is to form a more perfect union, estab- 
lish justice, etc. 

3. It is a constitutional government. It rests upon a 
written fundamental law. On the one part it is opposed 



296 THE GOVERNMENT OF THE UNITED STATES 

to an absolute government, or one left to determine its 
own powers, like that of Russia; and on the other, it is 
opposed to a government having an unwritten consti- 
tution, consisting of maxims, precedents, and charters, 
like that of England. 

4. The terms Union and United States suggest that 
it is a federal government. The peculiarity of a federal 
state is that local powers are entrusted to local author- 
ities, while general powers are entrusted to general or 
national authorities. How this division of powers orig- 
inated, and how it affected the country in 1775-1789, 
was pointed out in the last chapter. The government 
of a State has been described in Part II. of this work, 
while Part III. is devoted to the Government that is 
over all the States. 

5. The same terms suggest that the Government is 
one of enumerated powers. It must be remembered 
that when the Constitution was framed thirteen State 
governments were already in existence, and that no one 
dreamed of destroying them or of consolidating them 
into one system. The purpose was rather to delegate 
to the new Government such powers as were thought 
necessary to secure the ends named in the Preamble, 
and to leave to the States the powers that were not 
delegated, unless the contrary was directly specified. 

390. The Constitution in Outline. — The Constitu- 
tion is divided into seven Articles, which are again 
divided into sections and clauses. 

Article I. relates to the Legislative power. 

Article II. relates to the Executive power. 

Article III. relates to the Judicial power. 

Article IV. relates to several subjects, as the rights 
and privileges of citizens of a State in other States, the 
surrender of fugitives from justice, the admission of 



SOURCE AND NATURE OF THE GOVERNMENT 



297 



new States to the Union, the government of the National 
territory, and a guarantee of a republican form of 
government to every State. 

Article V., a single clause, relates to the mode of 
amending the Constitution. 

Article VI. relates to the National debt and other 
engagements contracted previous to 1V89 and the su- 
premacy of the National Constitution and laws. 

Article VII., consisting of a single sentence, pre- 
scribes the manner in which the Constitution should be 
ratified, and the time when it should take effect. 

The fifteen Amendments relate to a variet}^ of sub- 
jects, as has been explained in Chapter XXVIII. 

39 I . The Three Departments. — It has been seen that 
the Constitution distributes the powers of government 
among three departments, which it also ordains and 
establishes. This was done partly to secure greater 
•ease and efficienc}' of working, and partly as a safe- 
guard to the public liberties. Absolute governments 
are simple in construction, concentrating power in the 
hands of one person, or of a few persons; while free 
governments tend to division and separation of powers. 
In the words of Mr. Madison: "The accumulation of 
all powers, legislative, executive, and judiciary in the 
same hands, whether of one, a few, or many, and 
whether hereditary, self-appointed, or elective, may 
justly be pronounced the very definition of tyranny.'"' 

1 The Federalist, No. 47. 



CHAPTER XLV 

THE COMPOSITION OF CONGRESS AND THE ELECTION OF 
ITS MEMBERS 

The American Government. Sections 263-^01 ; j2^-jjo. 

392. Congress a Dual Body. — From an early time, 
the English Parliament has consisted of two chambers, 
the House of Commons and the House of Lords. Such a 
legislature is called bicameral, as opposed to one that is 
unicameral. The words mean consisting of two cham- 
bers and of one chamber. The great advantage of a 
bicameral legislature is that it secures fuller and more 
deliberate consideration of business. One house acts 
as a check or balance to the other; or, as Washing- 
ton once put it, tea cools in being poured from 
the cup into the saucer. Countries that English- 
men have founded have commonly followed the example 
of the Mother Country in respect to the duality of their 
legislatures. Such was the case with the Thirteen 
Colonies, but such was not the case with the American 
Confederation from 1V75 to 1789. In the Convention 
that framed the Constitution, the question arose whether 
the example of England and of the Colonies, or the 
example of the Confederation, should be followed. It 
was finally decided that all the legislative powers granted 
to the new Government should be vested in a Congress 



CONGRESS AND ELECTION OF ITS MEMBERS 299 

which should consist of a Senate and a House of Repre- 
sentatives. 

393. Composition of the Two Houses.— The House 
of Representatives is composed of members who are 
apportioned to the several States according to their 
respective numbers of population, and are elected for 
two years by the people of the States. The Senate is 
composed of two Senators from each State, who are 
chosen by the Legislatures thereof, and each Senator 
has one vote. 

The composition of Congress at first sharply divided 
the Federal Convention. Some members wanted only 
one house. Others wanted two houses. Some members 
were determined that the States should be represented 
in the new Congress equally, as had been the case in the 
old one. Others were determined that representation 
should be according to population. These controversies 
were finally adjusted by making two houses, in one 
of which representation should be equal and in the other 
proportional. This arrangement explains why New 
York and Nevada have each two Senators, while they 
have respectively thirty-four members and one member 
in the House of Representatives. This equality of 
representation in the Senate is the most unchangeable 
part of the National Government. The Constitution 
expressly provides that no State shall, without its own 
consent, ever be deprived of its equal suffrage in the 
Senate, which is equivalent to saying that it shall never 
be done at all. No such provision is found in relation 
to any other subject. 

394. Qualifications of Representatives and Sena- 
tors.— A Representative must be twenty-five years old, 
and must be a citizen of the United States of at least 



300 THE GOVERNMENT OF THE UNITED STATES 

seven years' standing. A Senator must be thirty years of 
age and must be nine years a citizen. The Representative 
and the Senator alike must be an inhabitant of the State in 
which he is elected or for which he is chosen. Previous 
absence from the State, even if protracted, as in the case 
of a public minister or consul to a foreign country, or a 
traveler, does not unfit a man to sit in either house. 
Representatives are not required by law to reside in 
their districts, but such is the custom. 

No person can be a Senator or Representative, or an 
Elector of President and Vice-President, or hold any 
office, civil or military, under the United States, or 
under any State, vv^ho having once taken an oath as a 
member of Congress, or as an officer of the United 
States, or as a member of any State Legislature, or as 
an Executive or Judicial officer of any State, to support 
the Constitution of the United States, has afterwards 
engaged in insurrection or rebellion against the same, or 
given assistance to their enemies. But Congress may 
remove this disability by a two-thirds vote of each 
house. 

395. Regulation of Elections. — The times, places, 
and manner of electing Senators and Representatives are 
left, in the first instance, to the Legislatures of the States, 
but they are so left subject to the following rule: '' Con- 
gress may, at any time, by law, make or alter such reg- 
ulations, except as to the places of choosing Senators.'^ 
Defending this rule in 1788, Mr. Hamilton said: ''Every 
government ought to contain in itself the means of its 
own preservation; while it is perfectly plain that the 
States, or a majority of them, by failing to make the 
necessary regulations, or by making improper ones, could 
break up or prevent the first elections of the Houses of 
Congress. " The right to name the places where Senators 



CONGRESS AND ELECTION OF ITS MEMBERS 30I 

shall be chosen is denied to Congress for a very sufficient 
reason. If Congress possessed that power it could deter- 
mine, or at least largely influence, the location of the State 
capitals. 

396. Elections of Senators.— Previous to 180G, the 
Legislature of every State conducted these elections as it 
pleased. Sometimes the two houses met in joint con- 
vention, a majority of the whole body determining the 
choice. Sometimes the two houses voted separately, a 
majority of each house being required to elect. It is 
obvious that the two methods might operate very differ- 
ently. If the same political party had a majority in 
both houses, the result would probably be the same in 
either case; but if the two houses were controlled by 
different parties, then the party having the majority of 
votes on a joint ballot would probably elect the Senator. 
If the second plan was followed, and the two houses 
differed in regard to a choice, there were delays, and elec- 
tions were sometimes attended by serious scandals. So 
Congress, in 1866, passed a law providing that the Legis- 
lature next preceding the expiration of a Senator's term, 
in any State, shall, on the second Tuesday after its 
meeting and organization, proceed to elect a Senator in 
the following manner: — 

1. Each house votes, viva voce, for Senator. The next 
day at twelve o'clock the two houses meet in joint 
session, and if it appears from the reading of the journals 
of the previous day's proceedings that the same person 
has received a majority of all the votes cast in each 
house, he is declared dul}^ elected. 

2. If no election has been made, the joint assembly 
proceeds to vote, viva voce, for Senator, and if any 
person receive a majority of all the votes of the joint 
assembly, a majority of all the members elected to both 



1? 



302 THE GOVERNMENT OF THE UNITED STATES 

houses being present and voting, such person is declared 
duly elected. 

3. If a choice is not made on this day, then the two 
houses must meet in joint assembly each succeeding day 
at the same hour, and must take at least one vote, as 
before, until a Senator is elected or the Legislature ad- 
journs. 

4. If a vacancy exists on the meeting of the Legislature 
of any State, said Legislature must proceed, on the 
second Tuesday after its meeting and organization, to 
fill such vacancy in the same manner as in the previous 
case; and if a vacancy occur when the session is in prog- 
ress, the Legislature must proceed, as before, to elect 
on the second Tuesday after they have received notice 
of the vacancy. 

397. "Vacancies. — When a vacancy occurs in the 
recess of the Legislature of a State, owing to death or 
other cause, the Governor makes an appointment that 
continues until the next meeting of the Legislature, when 
the vacancy is filled in the usual manner. In all cases 
of vacancies the appointed or newly elected Senator 
only fills out the term of his predecessor. 

398. Division of Senators. — The Senators are 
equally divided, or as nearly so as may be, into three 
classes with respect to the expiration of their terms, as 
follows: 

Class 1, 1791, 1V97 1893, 1899 

Class 2, 1V93, 1799 1895, 1901 

Class 3, 1795, 1801 1897, 1903 

The two Senators from a State are never put in the 
same class; and as the terms of the first Senators 
from a State now admitted to the Union expire with 
the terms of the classes to which they are assigned, one 



CONGRESS AND ELECTION OF ITS MEMBERS 303 

or both of them must serve, and both may serve, less 
than the full term of six years. 

399. Electors of Representatives.— The persons 
who may vote for the most numerous branch of the State 
Legislature in any State, or the house of representatives, 
may also vote for members of the National House of Rep- 
resentatives. Usually, however, a State has only one rule 
of suffrage; that is, a person who may vote for members 
of the lower house of the State Legislature may vote 
also for all State and local officers. Practically, there- 
fore, the rule is that State electors are National electors; 
or, in other words, the Constitution adopts for its 
purposes the whole body of the State electors, whoever 
they maybe. In Wyoming, Colorado, and Utah women 
vote on the same terms and conditions as men. In 
Alassachusetts, Connecticut, Maine, Mississippi, Louisi- 
ana, and South Carolina there is an educational qualifi- 
cation for the suffrage. But in most of the States males 
only twenty-one years of age and upwards, having cer- 
tain prescribed qualifications, are permitted to vote. 

400. Apportionment of Representatives in the 
Constitution. — The Constitution provides that members 
of the House of Representatives shall be apportioned 
among the several States according to their respective 
numbers. The original rule for determining these num- 
bers was that all free persons, including apprentices or 
persons bound to service for a term of years, but excluding 
Indians not taxed (or Indians living in tribal relations), 
and three-fifths of all other persons, should be counted. 
The ''other persons" were the slaves. The abolition 
of slavery and the practical disappearance of apprentice- 
ship have considerably simplified matters. The Four- 
teenth Amendment to the Constitution provides that 
Representatives shall be apportioned according to 



304 THE GOVERNMENT OF THE UNITED STATES 

population, counting the whole number of persons in a 
State, excluding Indians who are not taxed. This rule is 
applied to the people of the States regardless of age, 
sex, color, or condition. The Constitution further pro- 
vides that the number of Representatives shall not 
exceed one for every 30,000 people, but that every State 
shall have one Representative regardless of popula- 
tion. 

401. The Census.— The Constitution of 178 7 fixed 
the number of members of the House of Representatives 
at 65, and apportioned them among the States as best it 
could, using the information in respect to population that 
was accessible. It also provided that an actual enumera- 
tion of the people should be made within three years of 
the first meeting of Congress, and that it should be re- 
peated thereafter within every period of ten years. This 
enumeration was also called the census. In conformity 
with this provision, eleven decennial censuses of the 
United States have been taken, 1790, 1800, . . . 1890. 

402. Method of Apportionments. — The decennial 
apportionment of members of the House is made by Con- 
gress, and that body has performed the duty in different 
ways. The apportionment of 1893 was made in the fol- 
lowing manner: First, the House was conditionally made 
to consist of 356 members. Next, the population of the 
country, not counting the Territories, was divided by 
this number, which gave a ratio of 173,901. The popu- 
lation of every State was then divided by this ratio and 
the quotients added, giving 339. The numbers of Repre- 
sentatives indicated by these quotients were then assigned 
to the several States, and one Representative each in 
addition to the seventeen States having fractions larger 
than one-half the ratio, thus making the original num- 
ber, 356. The admission of Utah has added one more. 



CONGRESS AND ELECTION OF ITS MEMBERS 305 

When a new State comes into the Union, its Rep- 
resentative or Representatives are added to the number 
previously constituting the House.^ 

403. Elections of Representatives. — For fifty 
years Congress allowed the States to elect their Represen- 
tatives in their own way. The State Legislatures fixed 
the times and the places and regulated the manner of 
holding the elections; the elections were conducted with- 
out any regulation or control whatever being exercised 
by the National Government. Very naturally there were 
considerable differences of practice. In 1842 Congress 
first exercised its power of regulation. Three points 
must be noted: — 

1. Since 1842 Congress has provided by law that, in 
every case where a State was entitled to more than one 
Representative, the members to which it was entitled 
should be elected by districts composed of contiguous 
territory equal in number to the number of Representa- 
tives to be chosen, no district electing more than one. 
It is, however, provided that when the number of Repre- 
sentatives to which a State is entitled has been diminished 
at any decennial apportionment, and the State Legislature 
has failed to make the districting conform to the change, 

1 The Numbers of the House and the Ratios of Representation 
are set down in the following table, with the period: 

Period, Size of House. Ratio. 

1789-1793 65 

1793-1803 105 33,000 

1803-1813 141 33.000 

1813-1823 181 35,000 

1823-1833 212 40,000 

1833-1843 240 47.700 

1843-1853 223 70,680 

1853-1863 234 93,503 

1863-1873 241 127,941 

1873-1883 292 130,533 

1883-1893 332 151,911 

1893 357 173,901 



306 THE GOVERNMENT OF THE UNITED STATES 

the whole number shall be chosen by the State as a unit 
and not by districts. It is also provided that if the 
number apportioned to any State is increased, and the 
Legislature fails to district the State, the old districting 
shall stand, but that the additional member or members 
shall be elected by the State as a whole. Representa- 
tives elected on a general ticket, and not by district 
tickets, from States having more than one member, are 
called Representatives-at-large. Since 1872 Congress 
has prescribed that the districts in a State must, as nearly 
as practicable, contain an equal number of inhabitants. 
Congress has never constituted the Congressional dis- 
tricts, as they are called, but has always left that duty to 
the State Legislatures. As a rule the division of the States 
into districts, when once made, is allowed to stand for 
ten years, or until a new apportionment is made; but not 
unfrequently it is changed, or the State is re-districted, 
as the saying is, for the sake of obtaining some political 
advantage. The operation called ''gerr3^mandering " ^ 
is only too well known in American histor}^ 

2. In 1871 Congress enacted that all votes for members 
of the House of Representatives should be by printed 
ballots, and that rule has continued until the present day. 

3. In 1872 Congress prescribed that the elections should 
be held on the Tuesday next after the first Monday in 
November in every even numbered year, 1874, 1876 .... 
1898, 1900, etc. Later legislation exempted from the 

'The Century Dictionary gives the following history of this 
word: '■'•Gerrymander. In humorous imitation of ^'^Azw^wrt'^;', from 
a fancied resemblance of this animal to a map of one of the districts 
formed in the redistricting of Massachusetts by the I^egislature in 
1811, when Elbridge Gerrj' was Governor. The districting was 
intended (it was believed, at the instigation of Gerry), to secure 
unfairly the election of a majority of Democratic Senators. It is 
now known, however, that he was opposed to the measure." 



CONGRESS AND ELECTION OF ITS MEMBERS 30;^ 

operation of this rule such States as had prescribed a 
different day in their constitutions. Accordingly Oregon 
elects her Representatives the first Monday of June, 
Vermont hers the first Tuesday of September, and Maine 
hers the second Monday of the same month. 

In nearly every case, if not indeed in every one, the 
State elects State officers at the same time that the 
elections of the National House of Representatives are 
held. Moreover, the elections of Representatives are con- 
ducted by the same officers that conduct the State elec- 
tions. These officers count the votes and make the 
returns required by law. The Representative receives 
his certificate of election from the Governor of his State. 
If a vacancy occurs in any State, owing to any cause, 
the Governor issues a proclamation, called a writ of elec- 
tion, appointing a special electicrn to fill the vacancy. 

404. Compensation of Members of Congress. — 
Senators and Representatives receive a compensation 
from the Treasury of the United States. Congress fixes 
by law the pay of its own members, subject only to the 
President's veto.^ 

^The compensation at dififerent times is exhibited in the follow- 
ing table: 

1789-1815 1 6.00 a day. 

1815-1817 1500.00 a year. 

1817-1855 8.00 a day. 

1855-1865 3000.00 a year. 

1865-1871 5000.00 a year. 

1871-1873 7500.00 a year. 

1873-1896 5000.00 a year. 

Save for a period of only two years, Senators and Representa- 
tives have always received a mileage or traveling allowance. At 
present this allowance is twenty cents a mile for the necessary dis- 
tance traveled in going to and returning from the seat of govern- 
ment. The Vice-President, the President pro tempore of the 
Senate, and the Speaker of the House of Representatives now 
receive each a salary of ^8,000 a year. 



308 THE GOVERNMENT OF THE UNITED STATES 

405. Privileges of Members of Congress. — In all 
cases but treason, felony, and breach of the peace, Sen- 
ators and Representatives are exempt from arrest during 
their attendance at the session of their respective houses 
and in going to and returning from the same. In other 
words, unless he is charged with one or more of the 
grave offenses just named, a member of either house 
cannot be arrested from the time he leaves his home to 
attend a session of Congress until he returns to it. 
Further, a Senator or Representative cannot be held 
responsible in any other place for any words that he may 
speak in any speech or debate in the house to which he 
belongs. This rule protects him against prosecution in 
the courts, even if his words are slanderous. Still more, 
speeches or debates, when published in the official report 
called "The Congressional Record," are also privileged 
matter, and the speakers cannot be held accountable for 
libel. This freedom from arrest and this exemption 
from responsibility in respect to words spoken in the 
discharge of public duty, are not privileges accorded to 
the Senator and Representative in their own interest 
and for their own sake, but rather in the interest and for 
the sake of the people whom they represent. If they 
were liable to arrest for any trivial offense, or if they 
could be made to answer in a court of law for what they 
might say on the floor of Congress, the business of the 
country might be interfered with most seriously; The 
rights of legislative bodies must be rigidly maintained. 
The one rule given above is necessary to protect the 
freedom of representation, the other to protect the free- 
dom of debate. 

406. Prohibitions Placed Upon Members of Con- 
gress. — No Senator or Representative can, during the 
■time for which he was elected, be appointed to any civil 



I 



CONGRESS AND ELECTION OF ITS MEMBERS 309 

office under the United States that is created, or the pay 
of which is increased, during such time. Appointments to 
many offices, and to all of the most important ones, are 
made by the President with the advice and consent of the 
Senate. Moreover, the President is always interested 
in the fate of measures that are pending before Congress, 
or are likely to be introduced into it. There is accord- 
ingly a certain probability that, if he were at liberty to 
do so, the President would enter into bargains with 
members of Congress, they giving him their votes and 
he rewarding them with offices created or rendered more 
lucrative for that very purpose. This would open up a 
great source of corruption. A Senator or Representa- 
tive may, however, be appointed to any office that ex- 
isted at the time of his election to Congress, provided 
the compensation has not been since increased. Still 
he cannot hold such office while a member of Congress. 
On the other hand, the Constitution expressly declares: 
''No person holding any office under the United States 
shall be a member of either house during his continu- 
ance in office." 

407. Length of Congress. — The term Congress is 
used in two senses. It is the name of the National 
Legislature as a single body, and it is also the name of so 
much of the continuous life of that body as falls within 
the full term of office of the Representative. We speak 
of Congress, and of a Congress. Thus there are a First, 
Second, .... and Fifty-sixth Congress, filling 

the periods IVSO-IVOI, 1791-1793 

1899-1901. The length of a Congress was fixed when 
the Convention of 1787 made the Representative's term 
two years. The time of its beginning and ending was 
due to an accident. The Old Congress provided in 178S 
for setting the new Government in operation; it named 



310 



THE GOVERNMENT OF THE UNITED STATES 



the first Wednesday of March, 1789, as the day when 
the two Houses of Congress should first assemble, which 
happened to be the fourth day of that month. Thus a 
point of beginning was fixed and, as the rule has never 
been changed, our Congresses continue to come and go 
on the fourth of March of every other year. The pres- 
ent procedure is as follows: Representatives are chosen 
in November of every even year, 1896, 1898, 1900, while 
their terms, and so the successive Congresses, begin on 
March 4 of every odd numbered year, 1895, 1899, 1901. 

While Representatives come and go together at in- 
tervals of two years, Senators come and go in thirds at 
the same intervals. The result is that while a House of 
Representatives lasts but two years, the Senate is a per- 
petual body. 

408. Meeting of Congress. — Congress must assem- 
ble at least once every year, and such meeting is on the 
first Monday of December, unless by law it names 
another day. Hence every Congress holds two regular 
sessions. Furthermore, Congress may by law provide 
for special sessions, or it may hold adjourned sessions, 
■or the President, if he thinks it necessary, may call the 
Houses together in special session. As a matter of fact, 
all of these things have been done at different times. As 
the law now stands the first regular session of Congress 
begins on the first Monday of December following the 
beginning of the Representative's term, and it may 
contmue until the beginning of the next regular session, 
and commonly does continue until midsummer. The 
second regular session begins the first Monday of 
December, but can continue only until March 4 of the 
next year, or until the expiration of the Representative's 
term. It is the custom to call these the long and the 
short sessions. 



CHAPTER XLVI 

THE ORGANIZATION OF CONGRESS AND ITS METHOD 
OF DOING BUSINESS 

The Ainerican Government. Sections 2js; 2gj-2g4; j/2-^2j; 

331-340. 

409. Officers of the Senate.— The Vice-President of 
the United States is President of the Senate, but has no 
vote unless the Senators are equally divided. The 
Senate chooses its other officers, the Secretary, Chief 
Clerk, Executive Clerk, Sergeant-at-Arms, Door Keeper, 
and Chaplain. The duties of these officers are indicated 
by their titles. The Senators also choose one of their 
number President pro tempore, who presides in the 
absence of the Vice-President or when he has succeeded 
to the office of President. The Senate is a perpetual 
body and is ordinarily fully organized, although not in 
actual session, at any given time. 

410. Officers of the House of Representatives. — 
The House chooses one of its members Speaker, who pre- 
sides over its proceedings. It also chooses persons who 
are not members to fill the other offices, the Clerk, 
Sergeant-at-Arms, Postmaster, and Chaplain. The 
Speaker has the right to vote on all questions, and must 
do so when his vote is needed to decide the question 
that is pending. He appoints all committees, designat- 
ing their chairmen, and is himself chairman of the 
important Committee on Rules. His powers are very 
great, and he is sometimes said to exercise as much 

311 



312 THE GOVERNMENT OF THE UNITED STATES 

influence over the course of the Government as the 
President himself. The Speaker's powers cease v^rith 
the death of the House that elects him, but the Clerk 
holds over until the Speaker and Clerk of the next House 
are elected, on which occasion he presides. It is com- 
mon to elect an ex-member of the House Clerk. 

411. The Houses Judges of the Election of their 
Members. — The Houses are the exclusive judges of the 
elections, returns, and qualifications of their members; 
that is, if the question arises whether a member has been 
duly elected, or whether the returns have been legally 
made, or whether the member himself is qualified, the 
house to which he belongs decides it. In the House of 
Representatives contested elections, as they are called, 
are frequent. As stated before, the Governor of the 
State gives the Representative his certificate of elec- 
tion, which is duly forwarded to Washington addressed 
to the Clerk of the House next preceding the one in 
which the Representative claims a seat. The Clerk 
makes a roll of the names of those who hold regular 
certificates, and all such persons are admitted to take 
part in the organization of the House when it convenes. 
Still such certificate and admission settle nothing when 
a contestant appears to claim the seat. The House may 
then investigate the whole case from its very beginning, 
and confirm the right of the sitting member to the seat, 
or exclude him and admit the contestant, or declare the 
seat vacant altogether if it is found that there has been no 
legal election. In the last case, there must be a new 
■election to fill the vacancy. The Governor of the State 
also certifies the election of the Senator. A Senator- 
elect appearing with regular credentials is admitted to 
be sworn and to enter upon his duties, but the Senate 
is still at libert}' to inquire into his election and qualifi- 



THE ORGANIZATION OF CONGRESS 



3^3 



cations, and to exclude him from his seat if, in its judg- 
ment, the facts justify such action. In respect to 
qualifications, it may be said that persons claiming seats, 
or occupying them, have been pronounced disqualified 
because they were too young, or because they had not 
been naturalized a sufficient time, or because they had 
been guilty of some misconduct. From the decision of 
the Houses in such cases there is no appeal. 

412. Quorums. — The Houses cannot do business 
without a quorum, which is a majority of all the members; 
but a smaller number may adjourn from day to day, and 
may compel the attendance of absent members. Whether 
a quorum is present in the House of Representatives or 
not, is determined by the roll-call or by the Speaker's 
count. If a quorum is not present, the House either 
adjourns or it proceeds, by the method known as the call 
of the House, to compel the attendance of absentees. 
In the latter case officers are sent out armed with writs 
to arrest members and bring them into the chamber. 
When a quorum is obtained, the call is dispensed with 
and business proceeds as before. In several recent Con- 
gresses a rule has prevailed allowing the names of 
members who were present but who refused to vote to 
be counted, if necessary, for the purpose of making a 
quorum. 

4 1 3. Rules of Proceedings. — Each house makes its 
own rules for the transaction of business. The rules of 
the Senate continue in force until they are changed, but 
those of the House of Representatives are adopted at 
each successive Congress. Still there is little change 
even here from Congress to Congress. Owing to the 
greater size of the body, the rules of the House are 
much more complex than the rules of the Senate. The 
rules of both Houses, like the rules of all legislative 



314 THE GOVERNMENT OF THE UNITED STATES 

assemblies in English-speaking countries, rest ultimately 
upon what is known as Parliamentary Law, which is 
the general code of rules that has been progressively 
developed by the English Parliament to govern the 
transaction of its business. Still, many changes and 
modifications of this law have been found necessary to 
adapt it to the purposes of Congress, and especially of 
the House of Representatives. 

414. Power to Punish Members. — The Houses 
may punish members for disorderly behavior, and by a 
vote of two-thirds may expel members. These necessary 
powers have been exercised not unfrequently. In 1842 
the House of Representatives reprimanded J. R. Gid- 
dings, of Ohio, for introducing some resolutions in rela- 
tion to slavery; while the Senate in 1797 expelled William 
Blount, of Tennessee, for violating the neutrality laws, 
and in 1863 Mr. Bright, of Indiana, for expressing sym- 
pathy with the Southern secessionists. From the deci- 
sions of the Houses in such cases there is no appeal. 

415. Journals and Voting. — The Houses are re- 
quired to keep a full history of their proceedings in 
records called journals, and to publish the same except 
such parts as in their judgment require secrecy. But as 
the House of Representatives always sits with open 
doors, the provision in respect to secrecy has no practical 
effect in that body. It is also null in the Senate except 
in executive sessions. These are secret sessions held for 
the transaction of special business sent to the Senate by 
the President, as the consideration of treaties and nomi- 
nations. The yeas and nays must be called, and must be 
entered on the journal, when such demand is made by 
one-fifth of the members present. The object of these 
rules is to secure full publicity in regard to what is done 
in Congress. On the call of the roll, which is the only 



THE ORGANIZATION OF CONGRESS 



315 



form of voting known in the Senate, members are entered 
as voting yea or nay, as absent or not voting. In 
the House votes are taken in three other ways: by 
the viva voce method, the members answering aye or no 
when the two sides of the question are put; by the mem- 
bers standing until the presiding officer counts them; 
by the members passing between two men called tellers, 
who count them and report the numbers of those voting 
on the one side and on the other, to the Chair. 

4 1 6. Mode of Legislating. — A bill is a written or 
printed paper that its author proposes shall be enacted 
into a law. Every bill that becomes a law of the United 
States must first pass both Houses of Congress by ma- 
jority votes of quorums of their members. Still more, 
this must be done according to the manner prescribed by i 
the rules, which on this subject are very minute. For 
example, no bill or joint resolution can pass either house 
until it has been read three times, and once at least in full 
in the open house. The presiding officers of the two 
Houses certify the passage of bills by their signatures. 
When a bill has thus passed Congress it is sent to the 
President for his action, who may do any one of three 
things with it. 

417. Action of the President.— l. The President 
may approve the bill, in which case he signs it and it 
becomes a law. 

2. He may disapprove the bill, in which case he sends 
it back to the house that first passed it, or in which it 
originated, with his objections stated in a written mes- 
sage. In such case he is said to veto it. This house 
now enters the message in full on its journal and pro- 
ceeds to reconsider the bill. If two-thirds of the mem- 
bers, on reconsideration, vote to pass the bill, it is 
sent to the other house, which also enters the message on 



3l6 THE GOVERNMENT OF THE UNITED STATES 

its journal and proceeds to reconsider it. If two-thirds 
of this house also vote for the bill, it becomes a law 
notwithstanding the President's objections. The bill is 
now said to pass over the President's veto. In voting 
on vetoed bills the Houses must vote by yeas and nays, 
and the names of those voting be entered on the journal. 
If the house to which the bill is returned fails to give it a 
two-thirds vote, the matter goes no farther; if the second 
one fails to give it such vote, the failure is also fatal. 
In either case the President's veto is said to be sustained. 

3. The President may keep the bill in his possession,, 
refusing either to approve or disapprove it. In this case, 
it also becomes a law, when ten days, counting from the 
time that the bill was sent to him, have expired, not in- 
cluding Sundays. However, to this rule there is one 
important exception. If ten days do not intervene be- 
tween the time that the President receives the bill and 
the adjournment of Congress, not counting Sundays, it 
does not become a law. Accordingly the failure of the 
President to sign or to return a bill passed within ten 
days of the adjournment defeats it as effectually as a 
veto that is sustained by Congress could defeat it. The 
President sometimes takes this last course, in which case 
he is said to ''pocket" a bill or to give it a ''pocket" veto. 

4 1 8. Orders, Resolutions, and Votes. — Every 
order, resolution, or vote to which the concurrence of 
both Houses of Congress is necessary, save on questions 
of adjournment, must be sent to the President for his 
approval. This rule prevents Congress enacting meas- 
ures to which the President may be opposed by calling 
them orders, resolutions, or votes and not bills. Still 
the resolutions of a single house, or joint resolutions that 
merely declare opinions and do not enact legislation, are 
not subject to this rule. Nor is it necessary for the Pres- 



THE ORGANIZATION OF CONGRESS 317 

ident to approve resolutions proposing amendments to 
the Constitution of the United States. 

419. The Committee System. — To a great extent 
legislation is carried on in both Houses by means of com- 
mittees. These are of two kinds. Standing committees 
are appointed on certain subjects, as commerce, the post- 
office, and foreign affairs, for a Congress. Special com- 
mittees are appointed for special purposes. The House of 
Representatives has more than fifty standing committees; 
the Senate not quite so many. All House committees 
are appointed by the Speaker. Senate committees are 
elected by the Senators on caucus nominations. The 
standing committees of the House consist of from three 
to seventeen members; of the Senate from two to thir- 
teen. The committees draw up bills, resolutions, and 
reports, bringing them forward in their respective houses. 
To them also bills and resolutions introduced by single 
members are almost always referred for investigation 
and report before they are acted upon in the house. 

420. Adjonrnm.ents. — The common mode of ad- 
journment is for the two Houses to pass a joint resolution 
to that effect, fixing the time. The President may, in case 
of a disagreement between the Houses respecting the 
time of adjournment, adjourn them to such time as he 
thinks proper; but no President has ever had occasion to 
do so. Neither House, during the session of Congress, 
can, without the consent of the other, adjourn for more 
than three days, or to any other place than the one in 
which Congress shall be sitting at the time. It is therefore 
practically impossible for the two Houses to sit in differ- 
ent places, as one in Washington and the other in Bal- 
timore. As is elsewhere explained, the Senate may sit 
alone to transact executive business, if it has been con- 
vened for that purpose. 



CHAPTER XLVII 

THE IMPEACHMENT OF CIVIL OFFICERS 

The American Governrnent. Sections 302-311; 4.84.. 

42 I . Impeachment Defined. — In the legal sense, an 
impeachment is a solemn declaration by the impeaching^ 
body that the person impeached is guilty of some serious 
misconduct that affects the public weal. In the United 
States, the President, Vice-President, and all other civil 
officers are subject to impeachment for treason, bribery, 
or other high crimes and misdemeanors. In England, 
military officers and private persons may be impeached 
as well as civil officers. The '' other crimes and misde- 
meanors" mentioned in the Constitution are not necessa- 
rily defined or prohibited by the general laws. In fact, 
few of them are so treated. Impeachment is rather a 
mode of punishing offenses that are unusual, and that, 
by their very nature, cannot be dealt with in the general 
laws. Thus Judge Pickering was impeached in 1803 for 
drunkenness and profanity on the bench, and Judge 
Chase the next year for inserting criticisms upon Presi- 
dent Jefferson's administration in his charge to a grand 
jury, while President Johnson was impeached in 18G7, 
among other things, for speaking disparagingly of Con- 
gress. But none of these acts were prohibited by the 
laws. Senators and Representatives are exempt from 
impeachment. 

422. The Power ot the House. — The House of 
Representatives has the sole power of impeachment, as 

318 



THE IMPEACHMENT OF CIVIL OFFICERS 



319 



the House of Commons has in England. The following 
are the principal steps to be taken in such case. The 
House adopts a resolution declaring that Mr. be im- 
peached. Next it sends a committee to the Senate to 
inform that body of what it has done, and that it will in 
due time exhibit articles of impeachment against him and 
make good the same. The committee also demands that 
the Senate shall take the necessary steps to bring the 
accused to trial. Then the House adopts formal articles 
of impeachment, defining the crimes and misdemeanors 
charged, and appoints a committee of five managers to 
prosecute the case in its name, and in the name of the 
good people of the United States. These articles of 
impeachment are similar to the counts of an indictment 
found by a grand jury in a court of law. 

423. The Power of the Senate. — The action of the 
House of Representatives settles nothing as to the guilt 
or innocence of the person accused. The Constitution 
places the power to try impeachments exclusively in the 
Senate, as in England it is placed exclusively in the House 
of Lords. So when the House has taken the first step 
described in the last paragraph, the Senate takes the 
action that is demanded. It fixes the time of trial, gives 
the accused an opportunity to file a formal answer to the 
charges that have been made against him, and cites him to 
appear and make final answer at the time that has been 
fixed upon for the trial. The Senators sit as a court, 
and when acting in such a capacity they must take a 
special oath or affirmation. When the President is 
tried, the Chief Justice presides. No person shall be 
convicted unless two-thirds of the Senators present vote 
that he is guilty of one or more of the offenses charged. 
As the Vice-President would have a personal interest in 
the issue should the President be put on trial, owing to 



320 THE GOVERNMENT OF THE UNITED STATES 

the fact that the Vice-President succeeds to the presi- 
dency in case of the removal of the President, it would 
manifestly- be a gross impropriety for him to preside in 
such case. He would be in a position to influence the 
verdict. 

424. The Trial. — The Senate sits as a court, as be- 
fore explained. The ordinary presiding officer occupies 
the chair on the trial, save in the one excepted case of 
the President. At first the House of Representatives at- 
tends as a body, but afterwards only the five managers 
are expected to attend. The accused may attend in 
person and speak for himself; he may attend in person, 
but entrust the management of his cause to his counsel; 
he may absent himself altogether, and either leave his 
cause to his counsel or make no defense whatever. Wit- 
nesses may be brought forward to establish facts, and 
all other kinds of legal evidence may be introduced. The 
managers and the counsel of the accused ,carry on the 
case according to the methods established in legal tribu- 
nals. When the case and the defense have been pre- 
sented, the Senators discuss the subject in its various 
bearings, and then vote yea or nay upon the various arti- 
cles that have been preferred. The trial is conducted 
with open doors, but the special deliberations of the 
Senate are carried on behind closed doors. A copy of 
the judgment, duly certified, is deposited in the office of 
the Secretary of State. 

425. Punishment in Case of Conviction. — The 
Constitution declares that judgment in cases of convic- 
tion shall not go further than to work the removal of the 
officer convicted from his office, and to render him dis- 
qualified to hold and enjoy any office of honor, trust, or 
profit under the United States. It declares also that all 
persons who are impeached shall be removed from office 



THE IMPEACHMENT OF CIVIL OFFICERS 



321 



on conviction by the Senate. Here the subject is left. It 
is therefore for the Senate to say whether, in a case of 
conviction, the officer convicted shall be declared dis- 
qualified to hold office or not, in the future, and this is as 
far as the discretion of the Senate extends. Whatever the 
punishment may be, it is final and perpetual. The Pres- 
ident is expressly denied the power to grant reprieves 
and pardons in impeachment cases. This is because 
such power, once lodged in his hands,would be peculiarly 
liable to abuse. But this is not all. If the crimes or 
misdemeanors of which an officer has been convicted are 
contrary to the general laws, he is still liable to be in- 
dicted, tried, judged, and punished by a court of law 
just as though he had not been impeached. 

426. Impeachment Cases. — There have been but 
seven such cases in the whole history of the country. 
William Blount, Senator from Tennessee, 1797-98; John 
Pickering, District Judge for New Hampshire, 1803-1804; 
Samuel Chase, Justice of the Supreme Court, 1804- 
1805; James Peck, District Judge for Missouri, 1829- 
1830; W. W. Humphreys, District Judge for Tennessee, 
1862; Andrew Johnson, President of the United States, 
1867; W. W. Belknap, Secretary of War, 1876. Only 
Pickering and Humphreys were found guilty. 



CHAPTER XLVIII 

THE GENERAL POWERS OF CONGRESS 

The American Government. Sections j^i-^i8. 

In a free country the legislative branch of the govern- 
ment tends to become the most powerful of all the 
branches, overtopping both the executive and the judi- 
ciary. This is true in the United States. The powers 
of Congress are divisible into general and special pow- 
ers, of which the first are by far the more important. 
The general powers are described in section 8, Article 1, 
of the Constitution, and occupy eighteen clauses. They 
will now be described. 

427. Taxation. — Revenue is the life-blood of govern- 
ment. The first Government of the United States failed 
miserably, and largely because it could not command 
money sufficient for its purposes. When the present 
Government was constituted, good care was taken to 
guard this point. It was clothed with the most ample 
revenue powers. Congress may, without limit, lay and 
collect taxes to pay the debts and provide for the common 
defense and general welfare of the United States. These 
taxes are of two kinds, direct and indirect. Direct 
taxes are taxes on land and incomes and poll or capita- 
tion taxes. Here the taxes are paid by the person owning 
the land or enjoying the income. Taxes on imported 
goods, called customs-duties and sometimes imposts, 
and taxes on liquors paid at the distillery or brewery, 
and on cigars and tobacco paid at the factory, are indirect 
taxes. Here the tax is added to the price of the article 

322 



THE GENERAL POWERS OF CONGRESS 32?, 

by the person who pays it in the first instance, and it is 
ultimately paid by the consumer. Taxes of the second 
class are collectively known as internal revenue to 
distinguish them from customs or duties, which might be 
called external revenue. The term excise, used in the Con- 
stitution but not in the laws, applies to this great group 
of taxes. They are collected through the Internal 
Revenue Office in the Treasury Department. Direct 
taxes have been levied only five times by the National 
Government. Customs and internal revenue have al- 
ways been its great resources. 

428. Special Rules. — In levying taxes Congress 
must conform to several rules that the Constitution pre- 
scribes. All taxes must be uniform throughout the United 
States. In legislating on commerce and revenue, Con- 
gress must take care not to show a preference for the 
ports of one State over those of another State. Direct 
taxes, like Representatives, must be apportioned among 
the States according to population. And finally, no tax 
or duty can be laid on any article of commerce exported 
from any State. 

429. Borrowing Money — Bonds. — Public expendi- 
tures cannot always be met at the time by the public 
revenues. It becomes necessary in emergencies for gov- 
ernments to borrow money and contract debts. Congress 
borrows money on the credit of the United States. The 
principal way in which it exercises this power is to sell 
bonds. These bonds are the promises or notes of the Gov- 
ernment, agreeing to pay specified amounts at specified 
times at specified rates of interest. During the Civil 
War more than five billion dollars of such bonds were 
sold, many of them to replace others that were cancelled. 
At the present time a large amount of Government bonds 
is outstanding. 



324 THE GOVERNMENT OF THE UNITED STATES 

430. Treasury Notes. — Congress also authorizes the 
issue of Treasury notes, called by the Constitution '' bills 
of credit. " They are paid out by the Treasury to meet the 
expenses of the Government, and while they continue to 
circulate they constitute a loan that the people who hold 
them have made to the Government. Such notes were 
occasionally issued before the Civil War, and since that 
event they have played a very important part in the 
history of the National finances. In 1862 Congress 
authorized the issuance of Treasury notes that should 
be a legal tender in the payment of all debts, public and 
private, except duties on imports and interest on the 
National debt. These notes were not payable on demand, 
or at any particular time; they did not bear interest, and 
were not for the time redeemable in gold or silver, which, 
since 1789, had been the only legal-tender currency of 
the country. In 1879 the Treasury, in obedience to 
a law enacted several years before, began to redeem 
these notes in gold on presentation, and it has continued 
to do so until the present time. Still they have never 
been retired from circulation, or been cancelled on 
redemption, but have been paid out by the Treasury the 
same as other money belonging to the government. 
They are popularly called " greenbacks." 

43 I . Commerce. — Congress has power to regulate 
commerce with foreign nations, among the States, and 
with the Indian tribes. The exclusive control of commerce 
b}^ the States, under the Confederation, was a great cause 
of the hopeless weakness of that government. (See 
Chap. XXVII.) It may indeed be said that the com- 
mercial necessities of the country, more than anything 
else, compelled the formation of the new Government in 
1789. Tariff laws, or laws imposing duties on imported 
goods, are regulations of commerce, and so are laws 



THE GENERAL POWERS OF CONGRESS 325 

imposing tonnage duties, or duties on the carrying 
capacity of ships, and laws prescribing the manner in 
which the foreign trade of the country shall be carried 
on. The construction or improvement of harbors, the 
building of lighthouses, surveys of the coasts of the 
country, and laws in relation to emigration all come 
under the same head. In order the better to regulate 
commerce among the States, Congress created the 
Interstate Commerce Commission, and it has passed a 
law in relation to the subject of trusts. The Constitu- 
tion lays down the rule relating to interstate com- 
merce that vessels bound to or from one State to 
another shall not be required to enter or clear, or to 
pay duties. 

432. Naturalization. — All persons born or natural- 
ized in the United States and subject to their jurisdiction 
are citizens of the United States, and of the State in which 
they reside. Citizenship, or the state of being a citizen, 
is membership in the state, or body politic. Congress 
has provided that a foreigner, unless he belongs to the 
Mongolian race, may become a citizen, or be naturalized, 
as the saying is, on his compliance with certain terms 
and conditions. A residence of five years is necessary. 
Two years before his admission to citizenship the alien 
must declare on oath, before a court of record, his 
intention to become a citizen. On the expiration of the 
two years, he must prove to this court, or some other 
one having the same jurisdiction, that he has resided in 
the United States at least five years, and in the State or 
Territory at least one year; that he is a man of good 
moral character; that he is attached to the Constitution, 
and that he is well disposed to the United States. He 
must also swear to support the Constitution, must 
renounce all allegiance to any foreign state or prince^ 



326 THE GOVERNMENT OF THE UNITED STATES 

and lay aside any title of nobility that he has held. He 
then receives a certificate stating that he is a citizen of 
the United States, and he becomes entitled to all the 
rights of a native-born citizen, except that he can never 
be President or Vice-President. His wife and his chil- 
■dren under twenty-one years of age also become citizens. 
All laws in relation to naturalization must be uniform. 
The States may confer political rights upon foreigners, as 
the right to own land and vote within the State, but they 
•cannot confer citizenship. 

433. Bankruptcies. — A person who is insolvent, or 
unable to pay his debts, is termed a bankrupt; and a law 
that divides the property of such person among his cred- 
itors and discharges him from legal obligation to make 
further payment, is termed a bankrupt law. Congress 
has power to pass uniform laws in relation to this sub- 
ject. It has passed four such laws, one in 1800, one in 
1840, one in 1867, and one in 1898. The States some- 
times pass insolvent laws having somewhat the same 
-effect as bankrupt laws, but they are always subject 
to the National bankrupt law when there is one in 
force. 

434. Coinage of the United States. — Congress 
coins money and regulates its value and the value of for- 
eign coin circulating in the country. This power, taken 
in connection with other powers, enables Congress, if it 
chooses, to regulate the whole subject of mone}'. At 
the present time the National mints are open to all 
persons for the coinage of gold. Depositors of standard 
gold are charged merely the value of the copper used in 
alloying the coin. The gold coins of the Government 
are the double-eagle, eagle, half-eagle, quarter-eagle, 
three-dollar piece, and one-dollar piece. These coins 
are legal tender in payment of all debts, public and 



THE GENERAL POWERS OF CONGRESS 



327 



private. 1 Silver coins are now struck at the mints only 
on account of the Government, and not on account of 
private persons. These coins are the half-dollar, quar- 
ter-dollar, and dime, which are legal tender for debts 
not exceeding ten dollars. The Government also strikes 
coins of base metal for small change; the five-cent 
piece and the one-cent piece, which are legal tender in 
sums not exceeding twenty-five cents. At different times 
still other coins have been struck, and some of them are 
still in circulation. Mention may be made of the dollar, 
the trade dollar, the two-cent piece, and the half-dime. 
435. The Silver Dollar.— The silver dollar was the 
original money-unit of the United States. It was coined, 
though never in very large quantities, from the founding 
of the mint in 1792 until 1873, when it was dropped from 
the list of legal coins. This fact is expressed in the 
phrase, ''silver was demonetized." The minor silver 
coins, however, were produced as before. Congress 
also authorized for several years a new coin, called 
the trade dollar. In 1878 Congress restored the old 
silver dollar to the list of authorized coins, and in- 
structed the Secretary of the Treasury to purchase silver 
bullion for the Government and to coin it into dollars, 
not less than $2,000,000, nor more than $4,000,000, a 
month. These dollars were also made a legal tender. 
In 1890 Congress passed a further act instructing the 
Secretary to purchase 4,500,000 ounces of silver a month 
on Government account, as before, and to coin it after 
July, 1891, at his discretion. In 1893 Congress repealed 
the purchase clause of the previous act, and the further 

1 Legal- tender money is money with which a debtor can legally 
pay a debt; that is, if he offers or tenders this money to his credi- 
tor, and his creditor refuses to take it, he is not obliged to make 
other payment. 



328 THE GOVERNMENT OF THE UNITED STATES 

coinage of silver dollars was discontinued. At no time 
since 1873 have private persons been permitted to 
deposit silver at the mints for coinage. 

436. Fineness and Weight of Coins and Ratio of 
Metals. — The gold and silver coins of the United States 
are nine-tenths fine; that is, nine parts of the coins are 
pure metal and one part is alloy. This is called standard 
metal. Since 1834, the gold dollar has contained 23.2 grs. 
of pure metal and 25.8 grs. of standard metal. Since 1792 
the silver dollar has contained 371 1^ grs. of pure metal, 
and since 1837, 412^ grs. of standard metal. It is com- 
mon to call the last named coin the 412}^ gr. dollar. The 
amount of pure silver in a dollar's worth of the minor 
coins is 347.22 grs., and of standard silver 385.8 grs. The 
ratio of the gold dollar to the silver dollar is popularly 
said to be 1 to 16. Exactly it is 1 to 15.988. This 
has been the legal ratio since 1834. When it was estab- 
lished Congress assumed that 16 grs. of silver (nearly 
so) were equal to one grain of gold in value. 

437. G-old and Silver Certificates. — To dispense 
with the necessity of handling so much metallic money. 
Congress has provided for the issuance of gold and silver 
certificates. One of these certificates is simply a state- 
ment that in consequence of the deposit of dol- 
lars of gold or silver, as the case may be, in the Treasury, 
the Government will pay the holder of the certificate the 
corresponding amount. These certificates pass as money, 
but are not a legal tender. 

438. Counterfeiting. — Congress provides by law for 
punishing counterfeiting the coin and securities of the 
United States, its notes, bonds, etc. The term counter- 
feiting includes (1) manufacturing or forging coins or 
paper securities; (2) putting forged coins or securities 
in circulation; and (3) having them in possession for 



THE GENERAL POWERS OF CONGRESS 329 

that purpose. A person guilty of any one of these three 
offenses is punishable on conviction by a fine of not 
more than |5,000 and by imprisonment at hard labor for 
not more than ten years. Counterfeiting the notes of 
the National banks, letters patent, money orders, postal 
cards, stamped envelops, etc., is punishable by severe 
penalties; as is also counterfeiting the coins and securi- 
ties of foreign governments. 

439. The Independent Treasury. — Previous to 
1846, save for a short period, the Government had no 
treasury of its own, but kept its money in banks and 
checked it out as it had occasion. In the year named a 
treasury was established in the Treasury Building at 
Washington, provided with rooms, vaults, and safes, and 
a Treasurer was appointed. Subtreasuries were also 
established in the principal cities of the country and 
put in charge of officers known as Subtreasurers. Sub- 
treasuries are now to be found in New York, Boston, 
Charleston, Philadelphia, Baltimore, Cincinnati, Chi- 
cago, St. Louis, and San Francisco. 

440. The National Banks.— In 1863 and 1864 Con- 
gress provided for the creation of the present system of 
National banks, which have played so important a part 
in the business of the country. These banks are directly 
managed by boards of directors chosen by their stock- 
holders, but they are supervised by the Comptroller of 
the Currency, whose office is established in the Treasury 
Department. Their notes or bills, which are fully 
secured by National bonds belonging to the banks that 
are deposited in the office of the Comptroller at Wash- 
ington, constitute a National currency. 

44 I . Weights and Measures.— Congress has power 
to fix the standard of weights and measures, but has never 
fully exercised the power. In general the standards in 



330 THE GOVERNMENT OF THE UNITED STATES 

use are the same as those in use in England. The Eng- 
lish brass Troy pound is the legal Troy pound at the 
mints, while the Imperial avoirdupois pound and the 
wine gallon rest upon usage. Congress has authorized 
the use of the metric system of weights and measures, 
but has not made it compulsory. 

442. The Postal Service. — Congress has created 
the vast postal system of the country, the cost of which 
is now about $100,000,000 a year. The mails are 
carried by contractors. Postmasters paid $1,000 or 
more a year are appointed by the President for a term 
of four years; all others by the Postmaster-General at 
his pleasure. A great majority of the postmasters do 
not receive regular salaries, but a percentage on the 
income of their offices. Towns having gross post-office 
receipts of $10,000 or more have free mail delivery by 
letter-carriers. In towns of 4,000 inhabitants or more 
letters bearing a special 10-cent stamp are delivered by 
a special carrier immediately on their receipt. Letters 
may also be registered, to secure their greater safety in 
delivery on payment of a 10-cent fee. Money orders 
are also sold by certain post-offices called money-order 
offices, which to a limited extent take the place of 
money in the transaction of business. 

443. Rates of Postage. — There are four classes of 
domestic mail matter bearing different rates of postage. 
All postage must be pre-paid in the form of stamps. 

1. Letters, postal cards, and other written matter, 
and all packages that are closed to inspection. Save 
on postal cards and drop letters mailed at non-delivery 
offices, the rate is two cents an ounce or fraction of an 
ounce. 

2. Periodicals, magazines, etc. The rate on matter 
of this class when sent from a registered publishing 



THE GENERAL POWERS OF CONGRESS 



33^ 



office or a news agency is one cent a pound; when sent 
otherwise, it is one cent for every four ounces. 

3. Books, authors' copy accompanying proof-sheets, 
etc., are charged one cent for two ounces or fraction of 
the same. 

4. Merchandise limited to 4-pound packages is 
charged one cent an ounce. 

444. Copyrights and Patent Rights.— For pro- 
moting science and the arts. Congress provides that au- 
thors may copyright their works and inventors patent 
their inventions for limited times. The authof of a book, 
chart, engraving, etc., by means of a copyright, enjoys 
the sole liberty of printing, publishing, and selling the 
same for twenty-eight years, and on the expiration of 
this time he, if living, or his wife or his children if he be 
dead, may have the right continued fourteen years 
longer. An inventor also, by means of letters patent, 
enjoys the exclusive right to manufacture and sell his 
invention for seventeen years, and on the expiration 
of that period the Commissioner of Patents may ex- 
tend the right, if he thinks the invention sufficiently 
meritorious. Copyrights are obtained at the office of 
the Library of Congress, patent rights at the Patent 
Office, both in Washington. The cost of a copyright 
is one dollar and two copies of the book or other work 
copyrighted. The cost of a patent right is $35.00. 
Every article that is copyrighted or patented must be 
appropriately marked. 

445. Piracies and Felonies. — Congress defines the 
punishment of piracies and felonies on the high seas, and 
offenses against the Law of Nations. In a general sense 
piracy is robbery or forcible depredation of property on 
the seas, but Congress has by law declared some other 
acts, as engaging in the slave trade, to be piracy. 



332 THE GOVERNMENT OF THE UNITED STATES 

Felonies, strictly speaking, are crimes punishable by- 
death. The Law of Nations is a body of rules and 
regulations that civilized nations observe in their inter- 
course one with another. The high seas are the main 
sea or ocean, which the law of nations limits by a line 
drawn arbitrarily at one marine league, or three miles, 
from the shore. 

446. Powers of Congress in Relation to War. — 
Congress has the power to declare war, which in mon- 
archical countries is lodged in the Crown. It raises and 
supports armies. It provides a navy. It makes rules for 
the government of the army and nav}^ It provides for 
calling out the militia of the States to execute the laws of 
the Union, to suppress insurrection, and repel invasion. 
It provides for organizing, arming, and disciplining the 
militia, and for the government of such of them as may 
be called into the service of the United States; but the 
States have authority to appoint the officers and to train 
the militia according to the discipline that Congress has 
prescribed. These powers are very far-reaching. Act- 
ing under the laws of Congress, President Lincoln, 
in the course of the Civil War, called into the service 
of the Union fully 3,000,000 men. A navy counting 
hundreds of vessels was also built. At present the army 
consists of 65,000 men. On January 1, 1899, the navy 
consisted of 229 vessels in service, while 33 more were in 
course of construction. The highest title in the army is 
Major-General, the highest in the navy Admiral. The 
soldiers of the United States are divided into the 
regular troops and the militia. The former are in 
constant service; the latter are the citizen soldiery en- 
rolled and organized for discipline and called into service 
only in emergencies. In the fullest sense of the word, 
the militia are the able-bodied male citizens of the States 



THE GENERAL POWERS OF CONGRESS 



333 



between the ages of eighteen and forty-five. The Pres- 
ident cannot call them into active service for a longer 
period than nine months in any one year. In service, 
they are paid the same as the regular troops. 

447. The Federal District.— Previous to 1789 the 
United States had no fixed seat of government, and Con- 
gress sat at several different places. The resulting evils 
led the Convention of 1787 to authorize Congress to exer- 
cise an exclusive legislation over a district, not more than 
ten miles square, that particular States might cede and 
Congress might accept for a capital. The cession of 
Maryland and the acceptance of Congress made the Dis- 
trict of Columbia the Federal District, and an act of 
Congress made Washington the Capital of the Union, 
The various branches of the Government were established 
there in 1800. The District is now governed by a board 
of three commissioners, two appointed by the President 
and Senate, and one an engineer of the army who is 
detailed by the President for that purpose. Congress 
pays one-half the cost of government, the people of the 
District the other half. Congress also has jurisdiction 
over places within the States that have been purchased 
for forts, arsenals, magazines, dock-yards, and other 
needful public buildings. 

448. Necessary Laws. — It must be borne in mind 
that the government of the United States is a government 
of delegated powers. Still these powers are not all 
expressly delegated. There are powers delegated by 
implication, as well as powers delegated in words. Con- 
gress is expressly authorized to make all laws that are 
necessary for carrying into effect the powers that have 
been described above, and all other powers that the 
Constitution vests in the Government of the United 
States, or any department or officer of that Government. 



334 THE GOVERNMENT OF THE UNITED STATES 

Congress, improves harbors, erects lighthouses, builds 
post-offices and custom houses, and does a thousand 
other things that are not particularly named in the Con- 
stitution, because in its judgment they are necessary to 
the execution of powers that are particularly named. 
The power to establish post-roads and post-offices, for 
example, or to create courts, involves the power to build 
buildings suitable for these purposes. This is known as 
the doctrine of implied powers 

Looking over the general powers of legislation that 
are vested in Congress, described above, we see Ijow 
necessary they are to a strong and efficient government. 
They are the master power, the driving force, of our 
whole National system. If these eighteen clauses were 
cut out of the Constitution, that system would be like a 
steamship without an engineo 



CHAPTER XLIX 

ELECTION OF THE PRESIDENT AND THE VICE-PRESIDENT 

The American Governme?it. Sections 446-474. 
It is the business of the Executive Department of the 
Government to enforce the laws that the Legislative De- 
partment makes. Government in a free country begins 
v^ith law-making, but it ends with law-enforcing. We 
are now to examine in two or three chapters the National 
Executive. 

449. The Presidency. — Congress consists of two 
Houses, and each house consists of many members, but 
the Executive office is single, entrusted to one person. 
The Constitution vests the executive power in the Presi- 
dent of the United States. This difference is due to the 
nature of the things to be done. Legislation demands 
varied knowledge, comparison of views, and deliberation. 
Administration calls for vigor, unity of purpose, and sin- 
gleness of responsibility. The burden of National ad- 
ministration is imposed upon the shoulders of one man. 

450. Presidential Electors. — The President and the 
Vice-President are elected by Electors'appointed for that 
purpose. Each State appoints, in such manner as its 
Legislature may determine, a number of Electors equal 
to the whole number of its Senators and Representa- 
tives in Congress. Early in the history of the Govern- 
ment, different modes of appointing Electors were 
followed. Since the Civil War, with a single exception, 
there has been only one mode. All the States now pro- 
ceed in the same way. This is to submit the question to 

335 



336 THE GOVERNMENT OF THE UNITED STATES 

the people of the States at a popular election. With 
this point clearly in mind, we shall go forward to de- 
scribe the whole series of steps that are taken in 
electing the President and the Vice-President of the 
United States. 

45 I . Presidential Nominations. — Government in 
the United States, as in other free countries, is carried on 
by means of political parties. These party organizations 
desire to elect the President and control the Government. 
They hold National conventions, generally in the period 
June-August of the year before a President is to take his 
seat, to nominate candidates for President and Vice- 
President, and to adopt a statement of party doctrines 
or principles called a platform. These conventions are 
constituted under fixed rules, and are convoked by 
National committees. The Republican and Democratic 
conventions consist each of four delegates-at-large from 
every State, and twice as many district delegates as the 
State has members in the House of Representatives. 
As a rule the delegates-at-large are appointed by State 
party conventions, and the district delegates by district 
conventions. In the Republican convention a majority 
vote suffices to nominate candidates; in the Democratic 
convention the rule is two-thirds. 

452. Electoral Tickets. — The next step is to make 
up the State Electoral tickets. First, State conventions 
name two Electors for the State called Electors-at-large, 
or Senatorial Electors. The conventions that name the 
delegates-at-large to the National conventions may, and 
often do, name also the candidates for Electors-at-large. 
Next district Electors are put in nomination, one from 
a Congressional district, generally by district conven- 
tions. The names of the candidates put in nomination 
by a given party brought together constitute the State 



ELECTION OF PRESIDENT AND VICE-PRESIDENT 337 

party ticket. No Senator or Representative, or other 
person holding an office of trust or profit under the 
United States, can be appointed an Elector. 

The two steps that have been described belong wholly 
to the field of voluntary political action. The Consti- 
tution and the laws have nothing whatever to do with 
them. 

453. Choice of Electors.— Congress fixes the day 
upon which the Electors are chosen. It is the same in all 
States, Tuesday following the first Monday of Novem- 
ber, the day on which members of the House of Represen- 
tatives are elected in most States. Persons who may 
vote for State officers and for Representatives may also 
vote for Electors. State officers conduct the election, and 
the Governor gives the successful candidates their cer- 
tificates of election. The appointment of the Electors 
is popularly called the Presidential election. It is so in 
fact but not in law. In point of law the people do not 
elect the President and the Vice-President, but only Elec- 
tors who elect them. In point of fact, as we shall soon 
see, they do both. All that the National authority has 
done up to this point is to fix the time of the appoint- 
ment of Electors. Hereafter that authority directs every 
step in the process. 

454. Meeting of the Electors. — On the second Mon- 
day of January, following their appointment, the Electors 
meet at their respective State capitals to vote for Presi- 
dent and Vice-President. They name in their ballots 
the person for whom they vote as President, and in 
distinct ballots the person for whom they vote as Vice- 
President. No Elector can vote for persons for both 
offices from the same State that he himself resides in: one 
at least of the two candidates must belong to another 
State. The voting over, the Electors make distinct lists 



338 THE GOVERNMENT OF THE UNITED STATES 

of all persons voted for as President, and of all persons 
voted for as Vice-President, and of the number of votes 
for each, which lists they sign, certify, and seal. Three 
copies of these lists are made. Two of them they send 
to Washington addressed to the President of the Senate, 
one by mail and one by a special messenger. The other 
copy they deliver to the Judge of the United States 
District Court for the district in which they meet and 
vote. Congress by law names the day on which the 
Electors give their votes, and it must be uniform through- 
out the Union. The casting of their ballots by the Elec- 
tors is the formal but not the real Presidential election. 

455. Counting the Electoral Votes. — On the sec- 
ond Wednesday of February, the day named by Congress, 
the Senate and the House of Representatives meet in the 
hall of the House to witness the counting of the Elec- 
toral votes. The President of the Senate presides, the 
Speaker of the House sitting by his side. He opens the 
certificates of votes and hands them to tellers appointed 
by the Houses, who read and count the votes. The 
President of the Senate declares the result. The person 
having the greatest number of votes cast for President, 
if a majority of all, is declared President; the person 
having the greatest number of votes for Vice-President, 
if a majority of all, is declared Vice-President. 

456. Election of the President by the House. — If 
no person has received for President the votes of a major- 
ity of all the Electors appointed, the House of Represen- 
tatives must immediately choose the President from the 
three candidates who have had the most votes for that 
office. This election is by ballot. The votes are taken by 
States, the Representatives from a State having one vote. 
Nevada balances New York, Delaware Pennsylvania. 
A quorum to conduct the election consists of a member 



ELECTION OF PRESIDENT AND VICE-PRESIDENT 



339 



or members from two-thirds of the States, and a majority 
of all the States is necessary to a choice. Twice has the 
House of Representatives chosen the President, Thomas 
Jefferson in 1801 and John Quincy Adams in 1825. Both 
of these elections were attended by great excitement. 

If the House fails to choose a President, when the 
choice devolves upon that body, by March 4 following, 
then the Vice-President acts, as in the case of the death, 
removal, or resignation of the President. 

457. Election of the Vice-President by the Sen- 
ate. — If no person voted for as Vice-President has a 
majority of all the Electors appointed, then the Senate 
shall choose to that office one of the two candidates 
standing highest on the list of candidates for the Vice- 
Presidency. A quorum for this purpose consists of two- 
thirds of the whole number of Senators, and a majority 
of all the Senators is necessary to a choice. 

458. Miscellaneous Provisions.— The Electors ap- 
pointed from a State are often called a college; the Elec- 
tors from all the States the Electoral colleges. Most of 
the States have empowered their colleges to fill vacancies 
that may occur in their number. In 1887 Congress 
passed an act to provide for and regulate the counting of 
votes for President and Vice-President, and the decision 
of questions arising thereon. This law gives the States 
jurisdiction over disputed appointments of Electors. It 
also prescribes the method of proceeding when plural 
returns are made from any State and in cases where 
objections are made to a single return.^ 



1 The method of electing President and Vice-President outlined 
above, is that prescribed by the Constitution as originally framed, 
together with the Twelfth Amendment. For the change intro- 
duced by this Amendmeut, see the Amendment in connection with 
Article II, section 1, clause 3, of the Constitution as first framed. 



340 THE GOVERNMENT OF THE UNITED STATES 

459. The Electoral System. — When the framers of 
the Constitution devised the method of election by means 
of Electoral colleges, they assumed that the Electors 
would be picked bodies of men, who would vote for 
the best men for President and Vice-President, regard- 
less of popular feeling and private interest. It may 
be said that in the case of Washington the plan 
worked as they expected, but since his second adminis- 
tration it has never done so. No other part of the 
Constitution has proved so disappointing as the method 
of electing the President. In 1804 the Constitution was 
amended to correct evils that had declared themselves 
in the election of 1800; but the Twelfth Amendment, 
while accomplishing its immediate purpose, did not 
prevent the whole plan becoming a miserable failure. 
The men of 1787 did not foresee the part that politics and 
political parties would play in American affairs. As we 
have seen, the President and Vice-President are really 
named by one of the two great political conventions. 
The Electors are not chosen to exercise their own best 
judgment, but to cast their ballots for the party candi- 
dates. When once elected, the Electors are not legally 
bound to vote for these candidates, for the Constitution 
and laws make no mention of parties and conventions; 
but they are bound as party men and as men of honor, 
for they have consented to be elected on this under- 
standing. As the system works, they have no free will 
whatever, and practically the Electoral colleges are 
pieces of useless governmental machinery. 



CHAPTER L 

THE president's QUALIFICATIONS, TERM, AND REMOVAL 

The American Government. Sections 450; 476-482. 

460. Qnalifications. — The President must be a 
natural-born citizen of the United States. He must have 
attained the age of thirt5'-five years, and have been a 
resident of the country fourteen years at the time of his 
election. The Vice-President must have the same 
qualifications as the President. 

46 \ . Length of Term. — The term of office of both 
the President and the Vice President is four years, and the 
two officers are eligible to successive re-elections. It has 
often been contended that it would be better to give the 
President a term of six or seven years, and then make 
him ineligible to a second election. 

462. The President's Salary. — This is fixed by Con- 
gress. From 1789 to 1873 it was $25,000 a year; since 
1873 it has been $50,000. Congress also provides the 
President the furnished house known as the White House 
for an official residence. The President's salary can 
neither be increased nor diminished after he has entered 
on the duties of his office. The first of these two prohi- 
bitions makes it impossible for him to enter into bargains 
with members of Congress, whereby they shall receive 
something that they deem desirable, at the same time that 
his compensation is increased. The second prohibition 
makes it impossible for Congress to reduce his compen- 
sation, and so to make the President its dependent or 
creature. All changes in the salary must therefore be 
prospective. Still further, the President cannot, during 

341 



342 



THE GOVERNMENT OF THE UNITED STATES 



his continuance in office, receive any other pubHc emol- 
ument than his salary, such as a gift or present from 
the United States or from any State. The salary of the 
Vice-President is |8,000. 

463. The President's Oath. — Before entering on 
the duties of his office, the President must take the fol- 
lowing oath or affirmation: *'I do solemnly swear (or 
affirm) that I will faithfully execute the office of Presi- 
dent of the United States, and will, to the best of my 
ability, preserve, protect, and defend the Constitution 
of the United States." This oath is in general a defini- 
tion of the President's duties. He is exclusively an 
executive officer. The occasion on which the President 
takes this oath is popularly called his inauguration, and 
is marked by a good deal of parade and ceremony. The 
custom now is to conduct the inauguration on the East 
Front of the Capitol at Washington. The Chief Justice 
administers the oath, and the President delivers an 
address called his inaugural address. With the excep- 
tion of the oath, none of these ceremonies are required 
by the Constitution or the laws, and they might be 
dispensed with. It is also customary for the Vice- 
President to take his oath in the Senate Chamber and 
to deliver a short speech to the Senators. 

464. The Vice-President. — The only reason for 
creating the office of Vice-President was to have a proper 
officer at hand who could succeed to the Presidency in 
the case of a vacanc3\ The Vice-President becomes Pres- 
ident when the President is removed, dies, resigns, or is 
unable to discharge the powers and duties of his office. 
The President can be removed only by conviction on im- 
peachment. If he resigns he must file his resignation in 
writing in the office of the Secretary of State. Just what 
inability to discharge the duties of his office is, has never 



president's qualifications, term, removal 345 

been settled. President Garfield performed but one ex- 
ecutive act from July2, 1891, to his death, which occurred 
September 19 following. It was much discussed at the 
time whether a case of inability had arisen, but with no 
practical results. Four Vice-Presidents have become 
Presidents by succeeding to the office. When the 
Vice-President becomes President, he succeeds to all 
the powers, dignities, responsibilities, and duties of the 
office for the unexpired portion of the term and ceases to 
be Vice-President. The Constitution provides that the 
Vice-President shall be the President of the Senate, but 
this is merely for the purpose of giving dignity and con- 
sequence to an officer who, for the most part, would 
otherwise have nothing to do. 

465. The Presidential Succession. — Who shall 
succeed to the Chief Executive office in case both the 
President and Vice-President die, resign, are removed, 
or are unable to perform the duties of the office ? The 
Constitution says that Congress shall by law provide for 
such a case, declaring what officer shall act as President 
until the disability be removed or a President be elected. 
The present law, which dates from 188G, declares that 
first the Secretary of State shall succeed, then the Sec- 
retary of the Treasury in case of his death, removal, etc. ; 
afterwards the Secretary of War, the Attorney-General, 
the Postmaster-General, the Secretary of the Navy, and 
the Secretary of the Interior in this order. No one of 
these officers, however, can succeed unless he has been 
confirmed by the Senate and has all the qualifications that 
are required of the President. If one of them succeeds 
he fills the unexpired portion of the term the same as 
the Vice-President. However, a case of the removal, 
etc., of both the President and the Vice-President has 
never 3^et occurred. 



CHAPTER LI 

THE president's POWERS AND DUTIES 

The American Government. Sections 4.83-511. 

As is remarked in another place, the oath that the 
President takes on his inauguration is a general defini- 
tion of his duties. Still the Constitution declares further 
that he shall take care that the laws be faithfully exe- 
cuted, and shall commission all officers of the United 
States. More than this, it describes his duties with more 
or less detail. 

466. Army and Navy. — The President is comman- 
der-in-chief of the army and navy of the United States, 
and of the Militia of the States also when they are called 
into the National service. The effective control of the 
National forces requires unity of judgment, decision, and 
responsibility. It is obvious that a congress or a cabinet 
would be a very poor body to place at the head of an 
army. The power entrusted to the President is a great 
one, but he cannot well abuse it so long as Congress 
alone can declare war, raise and support the army, pro- 
vide the navy, make rules for the government of the 
military and naval forces, and provide by law under 
what conditions the President may call out the militia. 
The President delegates to chosen officers his authority 
to command the army and the navy in actual service. 

467 . The Pardoning Power. — Power to try, convict, 
and pass judgment upon persons charged with crimes and 
offenses under the laws of the United States is lodged in 
the courts alone. But courts sometimes commit mis- 



THE PRESIDENT'S POWERS AND DUTIES 345 

takes, and sometimes special circumstances arise that 
make it proper to exercise clemency towards persons 
who are undergoing punishment for crime. Again, it 
may be wise to exercise clemency while the offender is 
on trial, or even before trial begins. So the President 
is authorized to grant reprieves and pardons for offenses 
against the United States, except in cases of impeach- 
ment. A reprieve is a temporary suspension of punish- 
ment that has been decreed; a pardon is a full release 
from punishment either before or after it has been decreed. 
Commonly, however, a pardon comes after conviction. 

468. Treaties. — A treaty is a solemn engagement or 
contract entered into between two or more sovereign or 
independent states. They relate to such subjects as com- 
merce and trade, the rights of citizens of one country in 
the other, etc. Treaties also deal with the graver sub- 
jects of peace and war. The power to enter into a treaty 
properly belongs to the executive branch of govern- 
ment, as dispatch, secrecy, and unity of purpose are 
called for. As it might be dangerous in a republic to 
lodge the power exclusively in the Executive's hands, it 
is provided that the President, by and with the advice 
and consent of the Senate, shall have power to make 
treaties with foreign states. 

469. Mode of Making a Treaty.— Commonly the 
steps that are taken are the following: First, the treaty is 
negotiated or agreed upon by the powers. The nego- 
tiation is conducted on the part of our Government by 
the Secretary of State, a minister residing at a foreign 
capital, or a minister or commissioner appointed for the 
purpose. The President, acting through the Depart- 
ment of State, directs the general course of the negotia- 
tion. Secondly, the treaty, when it has been negotiated, 
is wholly in the President's hands. If he disapproves 



346 THE GOVERNMENT OF THE UNITED STATES 

it, he may throw it aside altogether. If he approves 
it, or is in doubt whether he should approve it or not, 
he submits it to the Senate for its advice. Third!}', the 
treaty is now wholly in the Senate's hands, except that 
the President may at any time that he chooses withdraw 
it from the Senate's further consideration. The Senate 
may approve or disapprove the treaty as a whole, it may 
propose amendments, or it may refuse to act at all. If 
the Senate amends the treaty it is practically a new one, 
and both the President and the foreign power must 
assent to it in its new form. The fourth step is an ex- 
change of ratifications. This is a formal act by which 
the powers concerned signify that all the steps re- 
quired to make the treaty binding have been taken. 
Finally, the President publishes the treaty and by pro- 
clamation declares it to be a part of the law of the land. 
The Senate considers treaties in executive session, and 
its advice and consent in most cases is merely approval 
or disapproval of what the President has done. A two- 
thirds vote of the Senate is necessary for the ratification 
of a treaty. 

470. Appointment of Officers. — The President 
nominates, and by and with the advice and consent of 
the Senate, appoints ambassadors, other public ministers, 
and consuls, judges of the Supreme Court, and all other 
officers of the United States that are provided for by law, 
unless the Constitution itself provides for them. Con- 
gress may, however, place the appointment of such in- 
ferior officers as it thinks proper in the President alone, 
in the heads of Departments, and in the courts. The 
President appoints his private secretary and clerks. The 
appointment of a somewhat larger number of officers is 
placed in the courts, while the appointment of a very 
great number is vested in the heads of the Executive 



THE president's POWERS AND DUTIES 347 

Departments. Thus, the appointmentof all postmasters 
whose salary is less than |?1,000 is placed in the hands 
of the Postmaster-General. When all these exceptions 
have been made, a large number of appointments still 
remains to be made by the President and the Senate. 

47 \ . Mode of Appointment.— The first step to be 
taken in filling an office is for the President to make a 
nomination in writing to the Senate, specifying the office 
and naming the officer. The Senate refers the nomination 
to its proper committee, as of a judge to the Committee 
on the Judiciary, or of a foreign minister or consul to 
the Committee on Foreign Relations. The committee 
investigates the subject and reports the nomination back 
to the Senate, either with or without a recommenda- 
tion that the nomination be confirmed. The Senate then 
grants or withholds its confirmation, as it is called. The 
Senate acts in such a case, as in the case of treaties, in 
executive session. If the Senate refuses to confirm, the 
President makes a second nomination, and so on until 
the place is filled. The Senate sometimes refuses to 
confirm a nomination if the Senators from the State 
where the office is, or one of them, objects to it. This 
is especially the case when the Senator or Senators be- 
long to the political party that for the time has a major- 
ity of the body. This custom, which is wholly without 
support of law, is known as the courtesy of the Senate. 

472. Ambassadors and Other Public Ministers.— 
Public ministers are representatives that one state or 
nation sends to another to look after its interests. Ambas- 
sadors are the highest rank of ministers. The other grades 
are envoys extraordinary or ministers plenipotentiary, 
ministers-resident, commissioners, and c/ia?-ges d'affaires. 
The United States now have ambassadors at the capitals 
of England, France, Germany, Russia, Italy, and Mexico, 



348 THE GOVERNMENT OF THE UNITED STATES 

and representatives of inferior grade at many other capi- 
tals. The salaries paid these representatives, who are col- 
lectively called the diplomatic service, range from $5,000 
to $17,500. The duties and rights of ministers aredefined 
by the Law of Nations, called also International Law. 

473. Receiving Ministers. — It is the duty of the 
President to receive ambassadors and other public min- 
isters sent by foreign powers to our Government. This 
ceremony involves the recognition of the power from 
which the minister comes, and also his own recognition as 
a man acceptable to the United States. The President 
can refuse to receive a minister because he is personally 
objectionable, and can dismiss him for the same reason. 

474. Consuls. — The duties of consuls are fixed by 
treaties and by the municipal law of the nation appoint- 
ing them. In general it may be said that they look after 
the commercial interests of the country at large, and as- 
sist their countrymen in obtaining commercial rights and 
privileges. They also perform many other duties. They 
are business agents and do not rank as ministers. Some- 
times, however, diplomatic duties are entrusted to them. 
A consul-general exercises supervision over the consuls 
of his country within the country to which he is sent, 
or within some designated portion of it. The President 
appoints about 30 consuls-general and about 300 consuls. 
The highest consular salary is $6,000. Many consuls 
receive their compensation in the form of fees. 

475. Military and Naval Officers. — Unless other- 
wise provided by law, military and naval officers are 
appointed in the same manner as civil officers. Still the 
President, as commander-in-chief, has exclusive control 
of the commands to which they are assigned. He assigns 
officers to their places of dut}', and removes them for 
what he deems sufficient reasons. Since 1866 the lavi^ 



THE president's POWERS AND DUTIES 



349 



lias been that no officer in the military or naval service 
shall, in time of peace, be dismissed from service except 
upon, and in pursuance of, the sentence of a court-mar- 
tial, or in commutation thereof. 

476. Removal from Office.— The President has the 
power of removal as well as of appointment. When the 
Senate is in session a removal is made in the following 
way: The President sends to the Senate a nomination, 
just as though the office were not already filled. If the 
Senate confirms this nomination, the President then com- 
missions the officer and he enters upon the duties of his 
office. The former incumbent holds the office until the 
last of these steps has been taken. If the Senate 
refuses to confirm, the President must send in a second 
nomination or allow the incumbent to remain undis- 
turbed. In a recess of the Senate a removal is made 
in a somewhat simpler way. The President now ap- 
points directly, and at the same time gives the appointee 
his commission, who enters upon his office at once. 
When the Senate meets at its next session, the Presi- 
dent must send to that body, for its action, the name of 
the appointee. If the Senate confirms the nomination, 
that is the end of the matter. If it refuses to confirm, 
the President must then make a second nomination. In 
either case the removal of the former incumbent is final 
and absolute. 

477. Vacancies. — When a vacancy in any office oc- 
curs while the Senate is in session, the President makes 
a nomination, and matters proceed just as explained in 
the last paragraph. When the vacancy occurs in a recess 
of the Senate, the President appoints and commissions 
the officer, and the Senate acts on the nomination at its 
next session just as in the case of a removal made in the 
recess. 



350 THE GOVERNMENT OF THE UNITED STATES 

478. The Civil Service. — The persons who serve the 
Government in civil or non-military capacities are collect- 
ively called the civil service. They are divided into two 
classes called officers and employes. The two classes are 
not separated by any consistent rule or practice. Officers, 
who are much inferior in numbers to employes, are ap- 
pointed and removed. Employes are employed and dis- 
charged, not appointed and removed. Laborers in the 
navy yards, arsenals, and the like are employes; so are 
many persons in continued service at custom houses and 
in other offices as well as many clerks. In 1896 the civil 
service consisted of 178,884 persons. Of these 113,276 
were in the Post-office Department, 23,. 553 in the 
Treasury Department, 14,967 in the War Department, 
and 13,846 in the Interior Department. The others 
were distributed among the other Departments of the 
Government. 

479. Civil Service Reform. — Until a short time ago 
it was the custom for the President and others who were 
clothed with the appointing power to make appoint- 
ments and removals of officers for political reasons. 
The same practice prevailed also in respect to employes. 
On a change of the administration, and especially when 
it involved a change of party, great numbers of officers 
and employes would be removed or discharged to make 
room for others. A Democratic administration was 
expected to turn out the Republicans, and a Republican 
administration to turn out the Democrats. This was 
called the spoils system. Soon after the Civil War 
the civil service began to attract the attention of the 
country. Men saw that the spoils system was ac- 
companied by great abuses and corruption. In 1882 
an act was passed under which the service has been 
materially reformed. This act does not appl}' to any 



THE president's POWERS AND DUTIES 351 

office where the joint action of the President and 
Senate is required to make an appointment. It pro- 
vides that in the Departments at Washington, and 
in custom-houses and post-offices where as many as 
iifty clerks are employed, appointments shall be made 
by reason of merit or fitness. Competitive exam- 
inations are held, and when a new appointment is 
to be made in any Department or office, as to fill a 
■vacancy, it must be filled from the four persons stand- 
ing highest on the list of those who have passed the 
examinations. This is called the eligible list. Every 
State or Territory is entitled to its fair share of the ap- 
pointments, and no person can be finally appointed until 
he has served a probation of six months. This is called 
the merit system. The President, in the exercise of his 
discretion as the executive head of the Government, has 
extended this system to many classes of officers and 
employes that the law does not in terms include. Men- 
tion may be made of the Government Printing Office 
and of the Postal Railway Service. 

480. The President's Message. — The President is 
required to give Congress information of the state of 
the Union from time to time, and to recommend to its 
consideration such measures as, in his judgment, are 
necessary and expedient for the good of the country. 
At the opening of each session of Congress, he 
sends to the Houses a written communication that is 
styled a message, conveying such information and 
making such recommendations. He also sends in from 
time to time special messages, conveying special infor- 
mation or recommendations as occasion requires. The 
communications in which the President makes nomina- 
tions, transmits treaties to the Senate, and assigns his 
reasons for refusing to sign bills are also known as 



2>S^ 



THE GOVERNMENT OF THE UNITED STATES 



messages. The heads of the several Departments make 
annual reports to the President, and these the President 
transmits at the same time that he sends in his annual 
message. Collectively they are called the Executive 
Documents. The Treasury Department reports to the 
House of Representatives. 

48 I . Special Sessions of Congress.— The Presi- 
dent, on extraordinary occasions, may call the Houses of 
Congress together in special session. In such cases he 
transmits a message explaining why he does so, and 
recommending such action as he thinks necessary to be 
taken. He may also convene either House of. Congress 
alone, and it is the custom for the President, just before 
retiring from office, to issue a proclamation calling the 
Senate together immediately following the inauguration 
of his successor. This gives the new President an 
opportunity to nominate his Cabinet and such other 
officers as he thinks important to appoint at that time. 
No President has ever found it necessary to call the 
House of Representatives by itself. 



CHAPTER XLII 

THE EXECUTIVE DEPARTMENTS 

The American Government. Sections 511-524. 

The executive business of the Government is trans- 
acted through the eight Executive Departments, 
that Congress has by law created. The President's 
office in the White House exists only for his per- 
sonal convenience and is not an office of record. All 
the public records are kept in the Departments through 
which the business is transacted. The Departments are 
established in Government buildings in Washington. 
The names of the Departments, with the dates of their 
establishment, are as follows: State, Treasury, War, 
Justice, formerly called the Office of the Attorney 
General, and Post-Office, 1789; Navy, 1798; Interior^ 
1849, and Agriculture, 1889. The heads of these 
Departments all receive the same salary, S8,000 a year. 

482. Department of State. — At the head of this De- 
partment stands the Secretary of State, who is considered 
the head of the Cabinet. There are also three Assistant 
Secretaries of State. Under the direction of the President,, 
the Secretary conducts the foreign and diplomatic 
business of the country. The originals of all treaties, 
laws, and foreign correspondence are in his custody. 
He also has in his possession the seal of the United 
States, and affixes it to public documents that require 
it, and also authenticates the President's proclamations 
with his signature. The business of the Department 
is conducted through various bureaus, such as Archives 

353 



354 THE GOVERNMENT OF THE UNITED STATES 

and Statistics, the Diplomatic, and the Consular 
Bureaus, etc. 

483. Department of the Treasury .—The Secretary 
of the Treasury proposes plans for the public revenues 
and credit, prescribes the manner of keeping the public 
accounts, superintends the collection of the revenue, 
issues warrants for the payment of moneys appropriated 
by Congress, and makes an annual report of the state 
of the finances. The several auditors of the Department 
examine the accounts of the different branches of the 
pubHc service; the comptrollers certify the results to the 
Register, who has charge of the accounts and is the 
National book keeper. The Treasurer has the moneys 
of the Government in his custody, receiving and disburs- 
ing them. The Commissioner of Customs looks after 
the customs, the Comptroller of the Currency after the 
National Banks, and the Commissioner of Internal 
Revenue after that part of the public service. There 
are also directors of the Mint, of Statistics, and of Print- 
ing. The head of the Department is assisted by three 
Assistant Secretaries. 

484. Department of War.— The Secretary of War 
directs the military affairs of the Government. He has 
charge of the army records, superintends the purchase of 
military supplies, directs army transportation and the 
distribution of stores, has the oversight of the signal 
service and the improvement of rivers and harbors, and 
looks after the supply of arms and munitions of war. 
The Department contains ten bureaus: The offices of 
the Adjutant, Quartermaster, Commissary, Paymaster, 
and Surgeon Generals, the Chief of Engineers, the 
Ordnance and Signal Office, the Bureau of Military 
Justice, and the Military Academy at West Point. 
There is also an Assistant Secretary of War. 



THE EXECUTIVE DEPARTMENTS 355 

485. D epartment of Justice.— The head of this De- 
partment is the Attorney-General, who is the responsible 
adviser of the President and the heads of the other 
Executive Departments on matters of law. He and his 
assistants look after the interests of the Government in 
the courts, prosecuting or defending law suits to which 
the United States are a party, and passing upon the titles 
of all lands purchased by the Government for forts or 
public buildings. There are in the Department a 
Solicitor General, four Assistant Attorney-Generals, two 
Solicitors of the Treasury, a Solicitor of Internal Rev- 
enue, a naval Solicitor, and an Examiner of Claims for 
the Department of State. The District Attorneys in the 
different judicial districts are also under the direction of 
the Attorney-General. 

486. Post -Office Department. — Subject to the 
President, the Postmaster-General is the head of the vast 
postal service of the country. He has a larger number of 
subordinates than all the other heads of Departments 
together. The First Assistant Postmaster-General has 
charge of salaries and allowances, free delivery, money- 
orders, dead letters, and correspondence. The Second 
Assistant has charge of the transportation of mails, 
including contracts, inspection, railway adjustments 
mail equipment, railwa}^ mail service, and foreign mails. 
The Third Assistant has general charge of the finances 
of the department, including accounts and drafts, post- 
age stamps and stamped envelopes, registered letters and 
classification of mail matter, special delivery and official 
files and indexes. The Fourth Assistant has general 
charge of appointments, including bonds and com- 
missions, appointment of post-office inspectors, depre- 
dations on the mails, and violations of the postal 
laws. 



356 THE GOVERNMENT OF THE UNITED STATES 

487. Department of the Navy. — The Secretary of 
the Navy stands to this Department in the same relation 
that the Secretary of War stands to the War Department. 
There is one Assistant Secretary. The several bureaus 
of the department are: Yards and Docks, Equipment and 
Recruiting, Navigation, Ordnance, Medicine and Surgery, 
Provisions and Clothing, Steam Engineering, Construc- 
tion and Repairs. The Military Academy at Annapolis 
is also subject to the Secretary of the Navy. 

488. Department of the Interior. — The business 
intrusted to the Department of the Interior is much more 
miscellaneous and diversified in character than that in- 
trusted to any other Department. The Secretary has gen- 
eral oversight of the Patent Office, Census Office, General 
Land Office, and Pension Office, Indian affairs, Public 
Buildings, and the Bureau of Education. The most 
extensive of these subordinate offices is that of Pensions, 
which disburses 1140,000,000 annually. The Comm.is- 
sionerof Education collects facts and statistics in regard 
to education and publishes them in an annual report. 
There are two Assistant Secretaries of the Interior. 

489. Department of Agriculture. — It is the duty of 
the Secretary of Agriculture to diffuse among the people 
useful information on the subject of agriculture, in the 
most general and comprehensive sense of that term. 
He has the supervision of all quarantine regulations 
for the detention and examination of cattle exported 
and imported that may be subject to contagious diseases. 
The Weather Bureau, over which " Old Probabilities " 
presides, is in this Department. There is one Assistant 
Secretary. 

490. The Cabinet.— The heads of the eight Depart- 
ments constitute what is called the Cabinet. This 
name, however, is a popular and not a legal one. The 



THE EXECUTIVE DEPARTMENTS 



357 



law creates the Departments and defines the duties of 
their heads. The Constitution empowers the President 
to call for the opinions in writing of these officers on mat- 
ters relating to their several duties. The heads of De- 
partments are responsible to the country so far as their 
duties are definedby law; for the rest they are respon- 
sible to the President. They meet frequently with the 
President to discuss public business. The President 
defers more or less, as he pleases, to the views that they 
offer, as he does to the views that they express singly 
in writing or in conversation, but the Cabinet as such 
has no legal existence and is not responsible. No 
official record is made of its meetings. The Constitution 
makes the President alone accountable for the faithful 
execution of the laws. Heads of Departments hold 
their offices subject to the President's will; but he holds, 
with exceptions given, four years. ^ 

1 See the Cabinet and the President's responsibility, The 
American Government, paragraphs 522, 523, 524, and Note. 



CHAPTER XLIII 

THE JUDICIAL DEPARTMENT 

The Ainerican Goverfiment. Sections 525-5JJ. 

The third of the independent branches of the Govern- 
ment of the United States created by the Constitution is 
the Judiciary. Its functions and organization will now 
be described. 

49 I . Judicial Power Defined. — It is the business 
of the judiciary to interpret the law and apply it to the 
ordinary affairs of life. The judiciary does not make the 
law, but it declares what is law and what is not. This it 
does in the trial of cases, popularly called lawsuits. A 
case is some subject of controversy on which the judicial 
power can act when it has been submitted in the man- 
ner prescribed by law. It is particularly to be noted 
that the judicial power is strictly limited to the trial and 
determination of cases. Some cases involve questions 
of law, some questions of fact, some questions of both fact 
and law, and all come within the scope of the judicial 
power. A court is a particular organization of judicial 
power for the trial and determination of cases at law. 

492. Vesting the Judicial Power. — The judicial 
power of the United States is vested in one Supreme 
Court and in such inferior courts as Congress sees fit to 
ordain and establish. The Constitution thus creates the 
Supreme Court, and it also provides that its head shall 
be the Chief Justice of the United States. At the 
present time the inferior courts are the District Court, 
the Circuit Court, the Circuit Court of Appeals, the 

358 



THE JUDICIAL DEPARTMENT 359 

Court of Claims, and the Courts of the District of 
Columbia and the Territories. 

493. Extent of the Judicial Power.— The judicial 
power is co-extensive with the sphere of the National 
Government. It embraces all cases that may arise under 
the Constitution and the laws of the United States, and 
the treaties entered into with foreign nations. It includes 
all cases affecting ambassadors, other public ministers, 
and consuls; all cases of admiralty and maritime juris- 
prudence; cases to which the United States are a party; 
cases that arise between two or more States, or between 
a State and foreign states; cases between citizens of 
different States, and cases between citizens of the same 
State who claim lands granted by different States, and 
cases between citizens of a State and foreign states, 
citizens, or subjects. 

494. Kinds of Jurisdiction. — A court has jurisdic- 
tion of a case or suit at law when it may try it, or take some 
particular action with regard to it. There are several 
kinds of jurisdiction. A court has original jurisdiction 
of a case when the case may be brought or begun in that 
court. It has appellate jurisdiction when it may re-hear 
or re-examine a case that has been decided or has 
been begun in some inferior court. The methods by which 
this is done are called appeal and writ of error. An 
appeal brings up the whole question, both law and fact, 
for re-examination; a writ of error, the law only. A 
court has exclusive jurisdiction of a case when it is the 
only court that can try it or can dispose of it in some 
particular manner. Two or more courts have concurrent 
jurisdiction of a case when either one may try it, pro- 
vided the case comes properly before it. 

495. The District Court.— Congress has created 
sixty-nine Judicial Districts, in each one of which a Dis- 



360 THE GOVERNMENT OF THE UNITED STATES 

trict Court is organized. There is at least one district in 
every State, and in the most populous States there are 
two or more. There are only sixty-six District judges, 
as a few of the judges preside over two districts. Each 
district has its own District Attorney, who is the local 
law officer of the Government, a Clerk who keeps the 
records of the court and issues legal papers under its 
seal, and a Marshal who is the executive officer of the 
court. A District court must hold at least two terms 
every year. It has a limited range of jurisdiction in civil 
cases, and especially in admiralty and maritime juris- 
prudence; that is, in matters relating to shipping and 
navigation. It also has jurisdiction of many crimes 
and offences committed in the district. 

496. The Circuit Court. — The seventy-two districts 
are grouped in nine Circuits. The first circuit contains 
four States and four districts, the second three States and 
iive districts, and so on. One of the justices of the 
Supreme Court is assigned to each circuit, and is called 
the Circuit Justice. There are two Circuit judges in every 
circuit, and three in some circuits. The Circuit court sits 
from time to time in every district that the circuit con- 
tains. It may be held by the Circuit Justice, by one of 
the Circuit judges, or by the District judge of the district 
where the court is for the time sitting, or by any two of 
these sitting together. The district attorneys, clerks, 
and marshals mentioned before serve these courts also. 
The Circuit court has original jurisdiction in civil cases 
where the amount in controversy is $2,000, not counting 
costs, in copyright and patent cases, and many others. It 
has original jurisdiction in criminal cases, and in capital 
cases an exclusive one. Once it was also a Court of 
Appeals from the District court, but its appellate juris- 
diction has been abolished. 



THE JUDICIAL DEPARTMENT 361 

497. The Circuit Court of Appeals.— In every cir- 
cuit there is also a Circuit Court of Appeals. It consists 
of three or four judges, of whom two constitute a quorum. 
The Circuit Justice, the Circuit judges, and "' ? District 
judges of the circuit are competent to sit in thi:, .'jjrr. 
The last, however, can sit only for the purpose of making 
a quorum in the absence of the Circuit Justice or of ope 
or both of the Circuit judges. The law designates the 
places where these courts shall be held. First circuit, 
Boston; second. New York; third, Philadelphia; fourth, 
Richmond, Virginia; fifth, New Orleans; sixth, Cincin- 
nati; seventh, Chicago; eighth, St. Louis, and ninth, San 
Francisco. The Circuit Court of Appeals can review 
many decisions made by the Districts and Circuit courts. 
In patent, revenue, criminal, and admiralty cases its 
decisions are final. These courts are exclusively courts 
of appeals, and they were created expressly to relieve 
the Supreme Court of a part of its business. 

498. The Court of Claims.— The Government of the 
United States carries on vast business operations, and, 
as is natural, points of dispute are constantly arising. 
Formerly a person having a claim against the Govern- 
ment that the Executive Departments could not or would 
not pay, had no redress but to go to Congress for relief. 
This was unsatisfactory both to claimants and to the 
Government. To meet this difficulty, the Court of 
Claims was created and was given jurisdiction over cer- 
tain classes of claims against the Government. The 
methods of procedure is for the claimant to enter a suit 
in court, which is regularly tried and determined. If 
judgment is rendered against the Government, Congress 
appropriates money to pay it. This court consists of a 
Chief Justice and four Associate Justices, and sits only 
in Washington. Congress has also vested a limited 



362 THE GOVERNMENT OF THE UNITED STATES 

jurisdiction in respect to claims in the District and 
Circuit courts. 

499. The Federal District and the Territories. — 
Congress has established special courts for the District of 
Columbia and the Territories. The Supreme Court of 
the District consists of a Chief Justice and five Associate 
Justices, any one of whom may hold a court with powers 
similar to those exercised by the District judges in the 
States. The Territorial judicial system is similar to 
this, but the judges are fewer in number. 

500. The Supreme Court.— The Supreme Court con- 
sists of the Chief Justice of the United States and eight 
Associate Justices. It holds one regular term each year 
at Washington, beginning the second Monday of Octo- 
ber. This court has original jurisdiction in all cases 
relating to ambassadors and other public ministers and 
consuls, and those to which a State is a party. It has 
appellate jurisdiction, both as to law and fact, in all 
cases originating in the inferior courts, save such as 
Congress by law^shall except. Nearly all the cases that 
the Supreme Court passes upon are appellate cases. 
Appeals may be made to it, and writs of error lie to it, 
from the District and Circuit courts, from the Court of 
Appeals, and from the Supreme Courts of the Federal 
District and the Territories. 

50 I . Appointment of Judges. — The National judges 
are appointed by the President by and with the advice 
and consent of the Senate. The appointments are for 
good behavior, by which expression official behavior is 
meant. Nothing is more necessary to a judicial system 
than the independence of the judges. If they were 
( lected by the popular vote, they might court the popu- 
lar favor to secure an election. If they served for fixed 
periods, they might court the Senate and President to 



THE JUDICIAL DEPARTMENT 363 

secure re-appointment. The courts of the Federal 
District and of the Territories do not come within the 
Constitutional provisions. However, Congress has 
made the tenure of the first good behavior, and of the 
second a term of four years. 

502. Pay of the Judges.— The salary of a judge can 
not be diminished while he continues in office, but it may 
be increased. If Congress could reduce the judge's salary 
after he had entered upon his term, it might control his 
action and make him dependent upon its will. The 
salary of the Chief Justice is $10,500; of the Associate 
Justices, $10,000; of the Circuit Judges, $6,000; and 
of District Judges, $5,000. Any judge who has held his 
commission ten years and has attained to the age of 
seventy, may resign his office and continue to draw his 
salary during the remainder of his life. 

503. Concurrent Jurisdiction of National and 
State Courts. — The Constitution gives the Supreme 
Court an original jurisdiction in cases affecting public 
ministers and consuls, and cases to which a State may be 
a party. Congress has gone further and declaT-ed the 
jurisdiction of the National courts in certain cases to 
be an exclusive one. Patent and admiralty cases, for 
example, are of this class. Outside of this exclusive 
jurisdiction. Congress has given the State courts a civil 
jurisdiction concurrent with that of the National courts. 
Still more, some criminal offenses under the National 
laws may be prosecuted in the State courts, as those 
arising under the postal laws. 

504. Appeals from State Courts.— The Constitu- 
tion, laws, and treaties of the United States are the su- 
preme law of the land. If the constitution or the laws of 
a State conflict in any way with this supreme law, such 
constitution or laws, so far as the confliction ^-xtrnds. 



364 THE GOVERNMENT OF THE UNITED STATES 

are null and void. Moreover, the power to decide what 
is, and what is not, a confliction with the National 
authority rests with the National judiciary. Hence, any 
case arising in the courts of a State that involves the 
National authority may be appealed to the National 
courts. Such cases are said to involve Federal ques- 
tions. To this extent, therefore, the courts of the United 
States are the final and authoritative interpreters of the 
constitutions and laws of the States. 

505. Rules Regulating Trials. — A jury system 
like that found in the States is a part of the National 
judiciary. All crimes, save in cases of impeachment, 
must be tried by an impartial jury of the State and 
judicial district where they have been committed. 
Crimes committed in the Federal District or in a Terri- 
tory must be tried in the District or Territory. Crimes 
committed on the sea are tried in the district in which 
the accused is arrested, or into which he is first brought 
when the ship returns to the United States. No person 
can be put on trial for a capital or infamous crime until 
he has first been indicted by a grand jury; in such case 
the trial must be a speedy and public one, and the accused 
must be informed of the accusation made against him. 
He shall have the benefit of the compulsory power of the 
court to compel the attendance of witnesses, and shall 
also have the assistance of a lawyer for his defense. Ex- 
cessive bail can not be required, or excessive fines be 
imposed, or cruel or unnatural punishments be inflicted. 
No person who has once been tried for an offense and 
found innocent, can be put on trial for that offense the 
second time. In a criminal case no man can be com- 
pelled to testify against himself, nor can any person be 
deprived of life, liberty, or property until he has been 
adjudged guilty according to the common course of the 



THE JUDICIAL DEPARTMENT 365 

law. In any civil suit at common law where the amount 
in controversy is more than twenty dollars, the right of 
trial by jury is also preserved. Rules like these will be 
found in the jurisprudence of the several States. These 
rules, however, relate exclusively to the National tribu- 
nals. The Fourteenth Amendment declares that no State 
shall deprive any person of life, liberty, or property 
without due process of law. 

506. Military Courts.— Cases arising in the military 
and naval service are tried in special courts called 
courts-martial. This is true of the militia also when they 
are employed in the public service in time of war or 
public danger. In all such cases as these the rule in 
regard to an indictment by a grand jury has no appli- 
cation. 

507. Treason. — Treason against the United States is 
either making war against them or siding with their ene- 
mies, rendering them aid and comfort. No person can be 
convicted of this crime, which is considered the greatest 
of all crimes, except on the testimony of two witnesses 
to the same offense, or on his own confession of guilt 
in open court. Congress has enacted two modes of 
punishment for treason at the discretion of the judge 
trying the case. The traitor shall suffer death; or he 
shall be imprisoned at hard labor for not less than 
five years, be fined not less than 810,000, and be pro- 
nounced incapable of holding any office under the United 
States. 



CHAPTER LIV 

NEW STATES AND THE TERRITORIAL SYSTEM 

The American Government. Sections sS^-^gj. 

The Territorial System of the United States has 
played a very important part in their history. It is 
proposed in this chapter to show how it originated, and 
to describe its principal features. 

508. The Original Public Domain. — At the time of 
the Revolution seven of the thirteen States, called the 
Claimant States, claimed the wild lands lying west of the 
Allegheny Mountains and extending to the Mississippi 
River and the Northern Lakes, which were then National 
boundaries. In time these States yielded their claims. 
When the Constitution was framed in 1787, the country 
northwest of the Ohio River had already come into 
possession of the Old Congress. The Southern cessions 
were made later. In general, the cessions to the Nation 
included both soil and jurisdiction — the ownership of the 
land and the right to govern the territory. The North- 
western cessions constituted the first Public Domain of 
the United States; that is, a territory belonging to the 
Nation in common. The Constitution gave Congress 
the power to dispose of the National territory, and to 
make all needful rules and regulations for its govern- 
ment. Before this, however. Congress had established 
a government over the existing domain, which was styled 
the Northwest Territory. ^ 

509. Annexations. — Eight annexations of territory 
have been made to the United States: Louisiana purchase, 

1 B. A. Hinsdale, " The Old Northwest,'' Chapters V and VI. 

366 



NEW STATES AND THE TERRITORIAL SYSTEM 367 

1803; Florida, 1819; Texas 1845; Oregon, 1846; the two 
Mexican annexations, 1848 and 1853, Alaska, 186Y, and 
the Hawaiian Island, 1898. Generally, these annexations 
were additions to the Public Domain and became at once 
subject to the control of Congress. Texas had been an 
independent power and was admitted to the Union as a 
State at once without passing through the Territorial 
probation. Subsequently Texas sold that part of her 
territory which now forms the eastern part of New 
Mexico to the United States. 

5 I O. Provision fbr New States. — The claimant 
States made their cessions of Western territory on the con- 
dition that, as rapidly as it became ready, such territory 
should be divided into new States to be admitted to the 
Union on an equality with the old ones. So a provision 
was inserted in the Constitution that authorized Con- 
gress to admit new States to the Union. But this was 
not all; some controversies had already arisen concern- 
ing the formation of new States out of old ones. So it 
was provided that no new State should be formed within 
the jurisdiction of any State,nor should any new State 
be formed by uniting two or more States, without the 
consent of the Legislatures concerned and of Con- 
gress. 

511. Territories of the United States. — In a broad 
sense the whole dominion of the United States is their 
territory, States and Territories alike. But in common 
usage the term territory is limited to so much of the whole 
dominion as has not been formed into States. Still further, 
as thus limited the word is employed in two senses. 
An organized Territory is a part of the dominion having 
prescribed boundaries and a fully developed Territorial 
Government. Arizona, New Mexico, and Oklahoma 
are the only Territories of this class. An unorganized 



368 THE GOVERNMENT OF THE UNITED STATES 

Territory either has no government at all, or has a ver5r 
rudimentary one carried on by officers sent from Washing- 
ton. Thus civil government is administered in Alaska, 
which is an unorganized Territory, by a Governor 
and Commissioners appointed by the President and 
Senate. 

5 1 2. G-overnment of an Organized Territory. — 
Such a government is set up by Congress. The Governor, 
Secretary, and Territorial Judges are appointed by the 
President for four years, and are paid from the National 
Treasury. The Legislature consists of a house of 
representatives and a council, the members of which 
are elected by the qualified voters of the Territory. 
The Legislature legislates on subjects of local con- 
cern, subject to the Constitution and laws of the 
United States. For example, it may establish counties 
and townships and local self-government for the people. 
It may also establish a Territorial system of schools. 
The Governor exercises powers similar to those exer- 
cised by the Governor of a State, while the Secretary 
performs duties similar to those performed by a State 
Secretary of State. There are also a District Attor- 
ney and a Marshal appointed by the President. A 
Territory can not be represented in Congress or partici- 
pate in the election of the President and Vice-President. 
Still an organized Territory is permitted to send a dele- 
gate elected by the people to the House of Representa- 
tives, who may speak but not vote. It will be seen that 
the status of a Territory is in all respects inferior to that 
of a State. A Territory is an inchoate State. 

5 1 3. Admission of New States. — This subject has 
been committed wholly to the discretion of Congress. 
Congress makes the boundaries of the State, fixes the 
conditions of admission, gives the State its name, and 



NEW STATES AND THE TERRITORIAL SYSTEM 369 

determines the time of admission. Congress settles some 
of the details in the act creating the Territory, and still 
others in a law providing for its admission called an Ena- 
bling Act. The principal steps to betaken are the follow- 
ing: First, the people of the Territory elect the members 
of a convention to frame a State constitution. Secondly, 
the convention thus elected performs the duty duly com- 
mitted to it. Thirdly, the constitution is submitted to 
the people for their approval. Fourthly, Representa- 
tives and Senators are elected to represent the new 
State in Congress. Fifthly, comes the formal act of 
admission, which is sometimes performed by the Presi- 
dent, who issues a proclamation to that effect in com- 
pliance with a law previously passed, and sometimes is 
performed by Congress passing an act called an act of 
admission. 

5 1 4. States Admitted. — Thirty-two new States have 
been admitted to the Union. Vermont, Maine, West Vir- 
ginia, Kentucky, and Tennessee were formed from old 
States and were never Territories. The facts in regard 
to Texas have been stated already. The other States, 
twenty-six in number, have been formed from the Public 
Domain; and, save California alone, have passed through 
the Territorial probation. 

515. Indian Territory. — In the year of 1834 this 
Territory was set apart and dedicated by Congress as a 
home for so-called civilized tribes of Indians. Many tribes 
and portions of tribes removed there from east of the 
Mississippi River. The Indians keep up their tribal 
organizations of government, but they are subject to the 
general oversight of Congress. There is a United States 
Court in the Territory, which exercises jurisdiction over 
offenses committed against the laws of Congress so far 
as they are applicable. 



370 THE GOVERNMENT OF THE UNITED STATES 

5 1 6. The Public Lands.— Beginning in Southeastern 
Ohio, in 1*786, the Government has caused the public 
lands to be surveyed according to a practically uniform 
system. They are first cut up into townships six miles 
square, and then these are subdivided into sections of 
640 acres, which again are divided into lots of 160, 80, 
and 40 acres. The sections are now numbered, back 
and forth, in the following manner: 



6 


5 


4 


3 


2 


1 


7 


8 


9 


10 


11 


12 


18 


17 


16 


15 


14 


13 


19 


20 


21 


22 


23 


24 


30 


29 


28 


27 


26 


25 


31 


32 


33 


34 


35 


36 



Such a township as this is called a Congressional town- 
ship. As a rule, the States have based their divisions of 
counties and townships on the Government surveys, and 
it is this fact that gives the maps of the Western States 
such a checker-board appearance. In general Congress 
has followed a very liberal policy in respect to the public 
lands, selling them at low prices, giving them away 
as bounties to soldiers and to settlers under the 
homestead law, and granting them to States and rail- 
roads and other corporations to stimulate education 
and public improvements. 

517. School Lands. — Beginning with Ohio, admitted 
to the Union in 1803, and continuing to Wisconsin, ad- 



NEW STATES AND THE TERRITORIAL SYSTEM 



^^J-^ 



mitted in 1848, Congress gave section No. 16 in every 
Congressional township of the public-land States for 
the use of common schools. Beginning with Califor- 
nia, in 1850, and continuing to the present, it has given 
sections 16 and 36 in every township for that purpose. 
Congress has also given every public-land State, or State 
formed out of the Domain, two townships of land for the 
support of a State university, and some of them more 
than two. It has also given lands for agricultural colleges 
and normal schools, and for other educational purposes. 
5 1 8. New States.— The following table contains the 
names of the new States, and the dates of their admis- 
sion to the Union: 



Vermont, March 4, 1791. 
Kentucky, June 1, 1792. 
Tennessee, June 1, 1796. 
Ohio, February 19, 1803. 
Louisiana, April 8, 1812. 
Indiana, December 11, 1816. 
Mississippi, December 10,1817. 
Illinois, December 3, 1818. 
Alabama, December 14, 1819. 
Maine, March 15, 1820. 
Missouri, August 10, 1821. 
Arkansas, June 15, 1836. 
Michigan, January 26, 1837. 
Florida, March 3, 1845. 
Texas, December 29, 1845. 
Iowa, December 28, 1846. 



Wisconsin, May 29, 1848. 
California, September 9, 1850. 
Minnesota, May 11, 1858. 
Oregon, February 14, 1859. 
Kansas, January 29, 1861. 
West Virginia, June 19, 1863. 
Nevada, October 31, 1864. 
Nebraska, March 1, 1867. 
Colorado, August 1, 1876. 
North Dakota, Nov. 2, 1889. 
South Dakota, Nov. 2, 1889. 
Montana, November 8, 1889. 
Washington, Nov. 11, 1889. 
Idalio, July 3, 1890. 
Wyoming, July 10, 1891. 
Utah, January 4, 1896. 



CHAPTER LV 

RELATIONS OF THE STATES AND THE UNION 

The American Government. Sections ^/p-^^j; 578-5S3; 598-603; 
608-620; 623-681; 644-654; 763-772. 

Part II of this work describes the government of a 
single State. The preceding chapters of this Third Part 
describe the Government of the Union in its general 
features. It is very obvious that either one of these 
governments, by itself, would be very imperfect. It is 
equally obvious that they supplement each other. Each 
one is essential to the other and to society, and neither 
one is more essential than the other. The two together 
make up one system of government. The governments 
of the States are part of the Government of the Union, 
and the Government of the Union is a part of the gov- 
ernments of the States. The citizen is subject to two 
jurisdictions, one State and one National. Both of 
these jurisdictions have been created by the Ameri- 
can people, and each one is exclusive and independ- 
ent within its sphere. In other words, the United 
States are a federal state, and their Government is a 
federal government. Moreover, experience shows that 
such governments are complicated and delicate, and that 
they will not work well unless the two parts, local and 
general, are well adapted each to each like the parts of 
,a machine. 

5 1 9. The State Sphere.— The sphere of the State is 
-well marked off. Matters of local and State concern are 
committed to its exclusive authority. Within its sphere, 

372 



RELATIONS OF THE STATES AND THE UNION 



373 



the State is perfectly free to do what it pleases, taking 
good care not to infringe upon the sphere of the Union. 
It is the great business of the State government to pre- 
serve the peace and good order of society within its 
borders. It defines civil and political rights; defines 
and punishes crime; protects the rights of property, 
of person, and of life; regulates marriage and divorce; 
provides schools and education for the people, and does, 
a hundred other things that it deems necessary to pro- 
mote the physical, intellectual, and moral well-being of 
the people. 

520. The National Sphere.— This is equally well 
defined. Matters of general, common, or National interest 
are committed to the Union. Here are the powers to levy 
taxes and borrow money for National purposes; to regu- 
late foreign commerce; to conduct war; to carry on the 
post-office; to manage foreign relations, and to exercise 
the many other powers that are delegated by the National 
Constitution. It will be seen that these are matters in 
which the whole American people are interested. Within 
its sphere, the Nation is just as free and unlimited as the 
State is within the State's sphere. 

52 I . The State and the Union. — Neither one of 
these jurisdictions is, strictly speaking, limited to 
matters purely local or purely national. The State does 
more than merely to look after local interests. The 
Union does more than merely to see to National affairs. 
Either authority does some things that, at first thought, 
might seem to belong exclusively to the other. In this 
way, great strength is imparted to the whole system, and 
it is made to do its work more thoroughly. This a series 
of paragraphs will show. 

522. National Functions of the States.— The State 
participates directly in carrying on the Government of 



374 '^HE GOVERNMENT OF THE UNITED STATES 

the Union. It defines the quaHfications of electors, estab- 
lishes Congressional districts, conducts the elections of 
Representatives, elects members of the United States 
Senate, and appoints Presidential Electors. All these 
things are purely voluntary. The States cannot be com- 
pelled to do them, but if they should refuse or neglect 
to do them the whole National system would fall into 
ruins. But, more than this, the Union employs the 
State militia, and imposes duties upon the governors and 
judges of the States. 

523. Prohibitions Laid on States. — The successful 
working of the National system makes it necessary that 
certain prohibitions shall be laid on the States. No State 
can enter into any treaty, alliance, or federation; coin 
money, issue paper money, make anything but gold 
and silver a tender in payment of debts, pass any law 
interfering with contracts, or grant any title of nobility. 
No State, without the consent of Congress, can levy 
duties or imposts on imports and exports, beyond what is 
necessary to pay the cost of its inspection service. No 
State can, without the consent of Congress, lay any ton- 
nage tax on ships, keep troops or ships of war in time of 
peace, or enter into any compact or agreement with an- 
other State or a foreign power. No State can engage 
in war, unless it is actually invaded or in immediate 
danger of invasion. 

524. Duties of State to State. — If the National 
System is to work smoothly, it is obvious that a good 
understanding among the States is necessary. The Con- 
stitution accordingly lays various commands upon the 
States in respect to their relations one to another. The 
acts, records, and judicial processes of any State are re- 
spected by every other State, so far as they can have any 
application. For example, a marriage contracted or a 



RELATIONS OF THE STATES AND THE UNION 375 

divorce granted in one State is a marriage or a divorce in 
every other State. Citizens of one State passing into an- 
other State are entitled to all the rights and privileges 
that the citizens of the State into which they enter enjoy. 
If a person who is charged with any crime in one State 
flees from justice and is found in another State, it is the 
duty of the Governor of the State to which he has fled 
to surrender him on the demand of the Governor of the 
State from which he has fled, that he may be brought to 
trial and, if guilty, to punishment. 

525. Privileges and Immunities of Citizens. — 
Section one of Amendment XIV. declares all persons 
born and naturalized in the United States and subject to 
their jurisdiction, to be citizens of the United States and 
of the State wherein they reside. It contains also the 
following declarations: ''No State shall make or enforce 
any law which shall abridge the privileges or immunities 
of citizens of the United States; nor shall any State 
deprive any person of life, liberty, or property, without 
due process of law; nor deny to any person within its 
jurisdiction the equal protection of the laws." 

The Union owes several important duties to the State. 

526. Bepnblican Form of Government.— The 
Union guarantees to every State a republican form of gov- 
ernment. If a non-republican government should be 
established in any State by revolution or otherwise, it 
would be the duty of the Union to interfere and see that 
republican government be re-established. Power to 
decide in such cases what a republican form of govern- 
ment is, belongs to Congress. 

527. InvasionandDomestic Violence.— The Union 
must also protect the States against invasion, and in 
emergencies against domestic violence. These duties are 



376 THE GOVERNMENT OF THE UNITED STATES 

the more necessary because the Constitution denies to the 
States the right to keep troops and ships of war in time 
of peace. If any State is invaded it is the duty of the 
President to call out the National forces to repel the 
invasion. In the first instance it is the duty of the State 
authority to suppress domestic violence within its borders, 
but if such authority in any case thinks the assistance of 
the United States to be necessary or advisable, it has 
the right to call for such assistance. The Legislature, 
if it be in session, and otherwise the Governor, makes 
the call. This call is addressed to the President, who 
takes such steps as he thinks necessary to accomplish 
the object. 

528. The National Authority and the Public 
Peace. — There are, however, certain emergencies in 
which the President can act directly to suppress domestic 
violence. When such violence interferes with the oper- 
ations of the National Government, he need not wait 
for the State Legislature or Governor to call for assist- 
ance, but is in duty bound to act at once to protect the 
operations of the Government and so to restore the public 
peace. Thus, when the United States mails and inter- 
State commerce were interrupted in Chicago in 1894, 
President Cleveland ordered the National forces to pro- 
tect the mails and the railroads. 

529. Supremacy of the Union. — The Constitution, 
laws, and treaties of the United States are the supreme 
law of the land. They supersede State constitutions and 
laws whenever these constitutions and laws encroach upon 
the supreme law. To secure this end, the judges of the 
State courts, in interpreting and declaring the law 
must decide with the United States rather than with the 
State, in all cases of confliction. To secure this suprem- 
acy the more completely, Senators and Representatives 



RELATIONS OF THE STATES AND THE UNION 377 

of the United States, members of the State Legislatures, 
and all executive and judicial officers, both of the 
United States and of the States, must take an oath or 
affirmation to support the Constitution of the United 
States. But no religious faith, opinion, or rite can be 
made a qualification for holding any office of public trust 
under the United States. 

There are also many prohibitions laid upon the National 
authority. Several of these have been dealt with al- 
ready in other places; others will be mentioned in this 
place. 

530. Writ of Habeas Corpus. — In countries where 
this writ is recognized, a sheriff or other officer, or even 
a private individual, who has a person in his custody 
whom he is depriving of his liberty, can be made to 
show cause why he holds him. The person who is 
held as a prisoner, or other person in his interest, appeals 
to a court of competent jurisdiction for a writ of habeas 
■corpus, which commands the officer or other person to 
bring his prisoner into court. If he can show no suffi- 
cient cause for holding him, the prisoner is set at libert)'. 
This writ is one of the great bulwarks of personal liberty, 
and the Constitution provides that the privilege of the 
writ shall not be suspended unless in time of rebellion or 
invasion when the public safety requires it. 

53 \ . Bills of Attainder and Ex Post Facto Laws. 
— A bill of attainder is a legislative act that inflicts pun- 
ishment of some kind upon a person without a judicial 
trial. An ex post facto law is a law that places some pun- 
ishment upon an act that was not placed upon it when 
the act was done. Both the State Legislatures and Con- 
gress are forbidden to pass any bill of attainder or ex 
post facto law. 



378 THE GOVERNMENT OF THE UNITED STATES 

A statement of several restrictions that are imposed 
upon the States or the Union, or both States and Union, 
may fitly close this work. 

532. Titles of Nobility. — These would plainly be 
out of character and be corrupting in tendency in a 
republican country. Republicanism assumes the equality 
of citizens. So it is provided that neither the United 
States nor any State shall grant any title of nobility. 
Furthermore, no officer of the United States can, with- 
out the consent of Congress, accept any present, office, 
or title from any king, prince, or foreign state. 

533. No National Church.— Congress can pass no 
law in relation to a state church or establishment of re- 
ligion, or prohibit the free exercise of religion. All 
churches and religions are, so far as the National author- 
ity is concerned, put on the same level. The separation of 
Church and State is a fundamental principle of Amer- 
ican polity. 

534. Freedom of Speech and the Right of Pe- 
tition. — Congress can pass no law abridging the free- 
dom of speech or of the press, or denying or limiting the 
right of citizens peaceably to assemble and to petition 
the Government for a redress of grievances. This pro- 
vision, however, is no defense of license of speech or 
printing, such as slander or libel, or of public tumult and 
disorder. 

535. Soldiers in Private Houses. — Tyrannical 
rulers have often accomplished their purpose of oppres- 
sion by quartering soldiers in the houses of citizens, to 
overawe and intimidate them. In the United States 
soldiers can not be quartered in private houses without 
the consent of the occupants in time of peace, and not 
in time of war save in a manner that is prescribed by 
law. 



RELATIONS OF THE STATES AND THE UNION 379 

536. The Militia. — Tyrannical governments have 
often found it necessary, in order to accompHsh their 
purpose, to suppress the citizen soldiery, or to deny the 
people the right to keep and to bear arms. Our Con- 
stitution provides that, since a well regulated militia is 
necessary to the security of every state, the right of the 
people to keep and bear arms shall not be infringed. 

537. Searches and Seizures. — Oppressive rulers 
have often, or generally, held themselves at perfect 
liberty to search the papers and persons of citizens or 
subjects, in order to find evidence for criminating them 
or for establishing their own tyranny the more thor- 
oughly. Our Constitution provides that the right of the 
people to be secure in their persons, houses, papers, and 
effects against unreasonable searches and seizures, shall 
not be violated. Warrants for the purpose of making 
such seizures shall not be issued by magistrates unless 
there is probable cause for issuing them, which must be 
sworn to by the complainant; and even then they must 
particularly describe the place to be searched and the 
persons and things to be seized. 



380 HISTORY AND CIVIL GOVERNMENT OF LOUISIANA 



THE NATIONAL GOVERNMENT. 



I. Colonial Governments con- 
sisted of 

(1) An Assembly, 

(2) A Council, 

(3) A Governor, and 

(4) Courts of Law. 

2. The Assembly was chosen 
by the people. 

3. The Council, Governor, 
and Judges were appointed 
in various w^ays. 

4. The Colonists possessed 
the rights of English sub- 
jects. 

5. Parliament had power to 
nullify any law passed by 
the Colonies. 

6. The Colonies owed a 
double allegiance: they 
were subject — 

(i) To their own laws, and 
(2) To those of Great Britain. 

7. The Crown and Parliament 
had supremacy in national 
affairs. 

8. The Colonial Governments 
w^ere supreme in local 
affairs. 

9. The attempt of Parliament 
to tax the Colonies precipi- 
tated the conflict which 
ended in independence. 

IK Political Effects of Inde= 
pendence. 

1. The Colonies became free 
and independent States. 

2. The Union that had ex- 
isted through Great Britain 



now existed through Con- 
gress. 

3. The powers of Congress 
were defined by the Articles 
of Confederation. 

4. Their inadequacies were 
supplied by the Constitu- 
tion. 

5. How the Constitution was 
framed. 

6. How it was ratified. 

7. The views of its friends and 
its enemies. 

8. How the Government was 
inaugurated. 

9. How amendments may be 
proposed and ratified. 

10. The amendments enumer* 
ated and characterized. 

11. The preamble an enacting 
clause. 

12. The preamble involves five 
things: a. The people en- 
act it. b. It establishes a 
more perfect union, c. It 
establishes a constitutional 
government, d. It creates 
a federal state, e. The 
people delegate some 
powers and reserve others. 

13. The provisions of the Con- 
stitution are embodied in 
VII. articles. 

III. How Powers are Distri- 
buted. 

I. A Legislative Department 
makes the laws. The 
President may veto and the 
Supreme Court annul them. 



INDEX, WITH QUESTIONS 



3S 



2. An Executive Department 
enforces and administers 
the laws. Congress may- 
impeach. 

3. A Judicial Department 
interprets and applies. The 
Legislative Department 
may impeach and the Piesi- 
dent and the Senate appoint 
or remove. 

IV. The Legislative Depart- 
ment. 

1 . It is bicameral — two-cham- 
bered. 

2. How the House is elected. 

3. Qualifications of Repre- 
sentatives and Senators. 

4. The qualifications of elec- 
tors. 

5. How Senators are elected: 
the four steps. 

6. How vacancies are filled. 

7. Classes of Senators. 

8. Who may vote for Repre- 
sentatives. 

9. How Representatives are 
apportioned. 

10 The decennial census. 

1 1 . Method of apportionment. 

12. Changes in the law: 1842, 
1872, 1873. 

13. Compensation of national 
legislators. 

14. Privileges of members of 
Congress. 

15. Prohibition affecting mem- 
bers of Congress. 

16. Length of each Congress. 

17. Times of meeting. 
j8. Officers of the Senate. 



19. Officers of the House of 
Representatives. 

20. Each House the judge of 
the rights, qualifications, 
etc., of its members. 

21. Quorums to transact busi- 
ness. 

22. Rules governing proceed- 
ings. 

23. Power to punish its own 
members. 

24. Journals and voting. 

25. Mode of Legislating. 

26. Action of the President. 

27. Orders, resolutions. 

28. The Committee system. 

29. Adjournments. 

V. Impeachments. 

1. Any Civil Officer may be 
impeached. 

2. The House impeaches. 

3. The Senate tries impeach- 
ments. 

4 How the trial is conducted. 

5. The limit of punishment 
on conviction. 

6. Summary of impeach- 
ments. 

VI. Powers of Congress. 

1. Taxation. 

2. Special Rules. 

3. Taxes: direct and indirect. 

4. Borrowing money — Bonds 
and Treasury Notes. 

5. Commerce. 

6. Naturalization. 

7. Bankruptcies. 

8. Coinage. 

9. History of the silver 
dollar. 



382 HISTORY AND CIVIL GOVERNMENT OF LOUISIANA 



Fineness, weight, and ratio 
of value of gold and silver . 

Gold and silver certificates. 

Counterfeiting. 

The Independent Treas- 
ury. 

National Banks. 

"Weights and Measures. 

The postal service. 

Rates of postage. 

Copyrights and patent 
rights. 

Piraces and felonies. 

Power to declare war. 

Federal district. 

Power to make necessary 
laws. 



VII. Powers of the Executive. 

c 

1. The executive power effi- 
cient. 

2. How the President and the 
V.-President are elected. 

3. How nominated, 

4. Electoral ticket. 

5. How electors are chosen. 

6. How electors vote. 

7. How their votes are 
counted. 

8. When electors fail to elect, 
the House elects President 
and Senate the V.-Presi- 
dent, 

9. History of the electoral 
law. 

10, Remarks on the System. 

11, Qualifications, term and 
salary, 

12, Oath of office, 

13, Duties of the Vice-Presi- 
dent. 



14. The Presidential succes- 
sion. 

1 5 . Commander-in-chief. 

16. Power to pardon, except in 
impeachment cases. 

17. Makes treaties by aid of 
the Senate. 

18. How treaties are made. 

19. Appointive power. 

20. The President nominates: 
the Senate confirms, 

21. Public ministers, 

22. Recognition of countries 
by receiving ministers, 

23. The duties of consuls, 

24. Military and naval officers 
appointed and removed. 

25. The President's power of 
removal. 

26. How vacancies are filled. 

27. The civil service. 

28. Civil service reform. 

29 The President's message. 

30. Power to call special ses- 
sions of each or both 
Houses. 

VII. Executive Department. 

1. Department of State, 

2. Department of the Treas- 
ury. 

3. Department of War. 

4. Department of Justice. 

5. Post-office Department. 

6. Department of the Navy. 

7. Department of the Inte- 
rior. 

8. Department of Agricul- 
ture, 

9. The Constitution and func- 
tions of the Cabinet. 



INDEX, WITH QUESTIONS 



383 



IX. The Judicial Department. 

1. Its functions and powers 
defined. 

2. Where the power is vested. 

3. The different kinds o f 
courts. 

4. The extent of the judicial 
power. 

5. Original, concurrent and 
appellate jurisdiction. 

6. The number of District 
Courts. 

7. The Circuit Courts. 

8. The Circuit Courts of Ap- 
peals. 

9. The Court of claims. 

10. Courts of the Federal Dis- 
trict and Territories. 

11. The Supreme Court. 

12. How the judges are ap- 
pointed. 

13. The compensation of 
judges, 

14. The concurrent jurisdiction 
of National and State 
courts. 

15. Appeals from State courts. 

16. Rules regulating trials. 

17. Military courts. 

18. Treason and its punish- 
ment. 

X. New States and the Public 

Domain. 

1. The origin of the public 
domain. 

2. Annexation of territory. 

3. Provisions for new States. 

4. Territories of the United 
States. 

5. The government of an or- 
ganized Territory. 



6. How new States are ad- 
mitted. 

7. Indian Territory, 

8. How the public lands are 
surveyed. 

9. School lands. 

10, The new States admitted. 

XI. Relation of the States to 
the Union. 

1. The sphere of a State, 

2. The sphere of the Na- 
tion. 

3. The State and the Union. 

4. National functions of the 
States. 

5. Prohibitions laid on the 
States. 

6. Mutual duties of States. 

7. Privileges and immunities 
of citizens. 

8. A Republican form of gov- 
ernment guaranteed. 

9. Invasion and domestic vio- 
lence. 

10. National authority and 
public peace. 

11. The supremacy of the 
Union. 

12. The writ of habeas cor- 
pus. 

Bills of attainder and ex 
post facto laws. 

No titles of nobility con- 
ferred — none to be accepted 
b}' public officers. 

15. No national church. 

16. Soldiers not to be quartered 
on citizens. 

17. The militia. 

18. Searchers and seizures. 



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